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HomeMy WebLinkAbout102307 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA ADDENDUM TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 23, 2007 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. DECLARATION OF LOCAL EMERGENCY RECOMMENDATION: A. Adopt the following Motion: "Motion pursuant to Government Code Section 54954.2(b)(2) to add an item to the October 23, 2007 Agenda for the approval of a resolution declaring of a local emergency based on the following facts: (1) there is a need to take immediate action on this resolution as described in the resolution; (2) the need for action came to the attention of the City subsequent to the Agenda being posted on October 19, 2007; and (3) the high winds and fires affecting the City began on October 20, 2007 and continue through the date of this action." The Motion requires adoption by 4/5th vote of the City Council. . B. Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY UNDER GOVERNMENT CODE SECTION 8630 AND CHAPTER NO. 2.56 OF THE TEMECULA MUNICIPAL CODE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 23, 2007 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:15 P.M. - Closed Session of the City Council pursuant to Government Code Section: 1. Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. 2. Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City and Temecula Public Financing Authority are defendants. The title of the litigation is R.J. Noble Co. v. Ashby USA et aI., Riverside County Superior Court Case No. RIC 480922 and the stop-notice claim of Riverside Construction Co. with respect to the Roripaugh Ranch Project. 3. Conference with City Attorney pursuant to Government Code Section 54956.9 (a) with respect to one matter of pending litigation to which the City is a defendant/respondent. The title of the litigation is Ynez Business Park et al. v. City of Temecula et al. Riverside County Superior Court Case No. RIC 462005 (Water Park Litigation). Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 07-15 Resolution: 07-86 CALL TO ORDER: Mayor Chuck Washington Prelude Music: John Michael Leclerk Invocation: Pastor Don Dockum of The Springs Community Church Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Dvslexia Awareness Month Proclamation Southern Overland Trail Historical Association presentation Presentation to USMC. First Reconnaissance Battalion. First Marine Division PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 25, 2007. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Acceptance of Certain Public Streets into the Citv-Maintained Svstem within Tract Maps Nos. 30667.30667-1.30667-2. and 30667-3 (located southwest of the intersection of Marqarita Road and Harveston Wav within the Harveston Subdivision) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30667, 30667-1, 30667-2, AND 30667-3) 5 Consideration of Adoption of Resolutions of Necessitv for the Acquisition bv Eminent Domain of Certain Real Propertv Interests for Public Purposes in Connection with the Citv's Proposed Pechanqa Parkwav Improvements. Phase II Proiect No. PW99-11 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN'S 961-010-009 & 961-010-047) 5.2 Adopt a resolution entitled: 3 RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-022) 5.3 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-024) 6 Professional Enqineerinq Desiqn Services Aqreement for the Pedestrian/Bicvcle Bridqe Over Santa Gertrudis Creek to Chaparral Hiqh School and Citv Trail Svstem. Project No. PW05- 11 RECOMMENDATION: 6.1 Approve the Professional Engineering Design Services Agreement with Nolte Associates, Inc. for the design of the pedestrian/bicycle bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11, in the amount of $132,807; 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,281, which is equal to 10% of the contract amount. 7 Award of Construction Contract for the Traffic Siqnallnstallation at Rancho California Road and Business Park Drive. West - Project No. PW07-02 RECOMMENDATION: 7.1 Award a construction contract for the Traffic Signal Installation at Rancho California Road and Business Park Drive, West - Project PW07-02, to Ramilan Electric, Inc. in the amount of $179,500, and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $17,950, which is equal to 10% of the contract amount; 7.3 Approve a transfer in the amount of $52,000 from the traffic signal at Butterfield Stage Road at Welton Street/Channel Street project to cover the construction costs, geotechnical testing, and administrative costs for the Traffic Signal Installation at Rancho California Road and Business Park Drive West. 4 8 Acceptance and Filinq the Notice of Completion for Slurrv Seal Project FY2006-2007. Meadowview Area - Project No. PW07-03 RECOMMENDATION: 8.1 Accept the Slurry Seal Project FY 2006-2007, Meadowview Area, Project No. PW07-03 as complete; 8.2 File the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract; 8.3 Release the Materials and Labor Bond seven (7) months after filing the Notice of Completion, if no liens have been filed. 9 Completion and Acceptance of the Citvwide Concrete Repairs Phase II FY2006-2007- Project No. PW07-06 RECOMMENDATION: 9.1 Accept the construction of the Citywide Concrete Repairs Phase II, FY 2006/07, Project No. PW07-06, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. 10 Pavment to Southern California Edison Companv (SCE) for Street Liqhts alonq Pechanqa Parkwav - Project No. PW99-11 RECOMMENDATION: 10.1 Authorize payment to SCE for Street Lights along Pechanga Parkway in the amount of $102,128.95. 11 Second Readinq of Ordinance No. 07-14 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 07-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND WINCHESTER HILLS I, LLC TEMECULA COMMUNITY SERVICES DISTRICT MEETING 5 CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of October 9, 2007. CSD BUSINESS 13 Summer 2007 Proqram and Activities Overview RECOMMENDATION: 13.1 Receive and file this report on programs and activities offered throughout the summer months of 2007 by the Community Services Department. CSD DEPARTMENTAL REPORT 14 Communitv Services Department Monthlv Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS 6 A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record RDA CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of October 9, 2007. RDA DEPARTMENTAL REPORT 16 Redevelopment Department Monthlv Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing 17 Development Code Amendment - 2007 Clean Up (Planninq Activitv LRP2107) RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: 7 ORDINANCE NO. 07-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LRP2107) DEPARTMENTAL REPORTS 18 Citv Council Travel/Conference Monthlv Report 19 Economic Development Monthlv Report 20 Public Works Department Monthlv Report 21 Police Department Monthlv Report 22 Planninq Department Monthlv Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, November 6, 2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 8 PROCLAMA TIONS AND PRESENTATIONS ~ ~~ ~~ ~~ ~ ~~ otJ uC ~~ ~ ""d E (l) .~ - ~.D " ~ "d..-, (OJ .... ~ 0 O"d ..... 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I:::: ~ ~ I:::: ...... ~ ........ ~ ~ ". ;>'0 S - '" . -"'St-- ~ () 0 o ,,0 _ S N S 11) l-;~ 11)~] '-< "" 0 ] 0 t) "PO ;> .~ ",u"" ..c:; 0 " -.J::: ~ ~~4::: "0 00"'8 ~":E 0:: "- ~"'b :r: 1J " ~.;~ rJJ ~ 00 (Il":E ~ i3- z:.,,'" ~ = ~ -~tS i$." '" " '7 '" " ~..c:;.o lEi i;' :;s ,,' o i :E 00 '" ~ .:< " .E u 1.:< I~ I.€ IU, I~ 00' " " o I": I~ 00 " '" CONSENT CALENDAR RESOLUTION NO. 07-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY UNDER GOVERNMENT CODE SECTION 8630 AND CHAPTER NO. 2.56 OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Government Code Section 8630 authorizes the City Council to proclaim the existence of a "local emergency"; and A. Government Code Section 8558(c) defines a "local emergency" to include "conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake, or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy, which conditions are likely to be beyond the control of the services, personnel, equipment and facilities of that political subdivision and require the combined forces of other political subdivisions to combat"; and B. Conditions of extreme peril to the safety of persons and property began on October 20, 2007 due to severely high and damaging winds and wildfires; and c. These conditions have resulted in damage to power lines, streets, private homes, businesses, government infrastructure, and falling trees, blowing sand and debris removal within the City of Temecula; and D. The damaging winds and wildfires have created extremely dangerous conditions in the City of Temecula and surrounding communities and have resulted in extreme peril to the safety of persons and property; and E. The unprecedented number of evacuees throughout Southern California has necessitated the opening of three shelters in the City of Temecula to shelter not only those displaced by the wildfires in Riverside County but those in surrounding Counties; and F. Conditions described above are beyond the capabilities and control of the services, personnel, equipment and facilities of the City and require the combined forces of other political subdivisions; and R:/Resos 2007/Resos 07-91 G. The Governor of the State of California, Arnold Schwarzenegger, proclaimed on October 21, 2007 a State of Emergency for the County of Riverside as a result of the wildfires which were exacerbated by this wind event; Section 2. The City Council of the City of Temecula, in the County of Riverside, State of California, in regular session assembled on October 23,2007, declares that an emergency now exists within said City. A. During the existence of said emergency, powers, functions, and duties of the Disaster Director and the Emergency Management Organization of the City of Temecula shall be those prescribed by State law and the ordinances, resolutions, and approved plans of the City of Temecula in order to mitigate the effects of said emergency. B. All City officials and employees cooperate and coordinate efforts with officials and employees of other political subdivisions and officials and employees of the state and federal government in bringing the present condition of local emergency and disaster under control. C. Within the next fourteen (14) days a report on the most recent conditions of emergency and disaster be presented to this City Council so that this Council may determine whether conditions of emergency and disaster still exist. Section 3. City Clerk Susan W. Jones, Recovery Manager, is hereby designated as the authorized representative of the City of Temecula for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available state and federal assistance. Section 4. It is therefore ordered that a copy of this resolution be forwarded to the Governor of California with the request that he pursue a Presidential Declaration. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of October, 2007, Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Resos 2007/Resos 07-91 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07-91 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan W. Jones, MMC City Clerk R:/Resos 2007/Resos 07-91 3 ITEM NO.1 ITEM NO.2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 25, 2007 The City Council convened in Closed Session at 5:30 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, September 25,2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula California. Present: Council Members: Comerchero, Edwards, Naggar, Roberts, and Mayor Washington Absent: Council Members: None. PRELUDE MUSIC The prelude music was provided by Shanti Ryle. INVOCATION The invocation was provided by Pastor John Ruhlman of Life Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Comerchero. PRESENTA TIONSIPROCLAMA TIONS Chaparral Hiqh School - Celebratinq a Decade of Excellence Proclamation Honoring Chaparral High School on its 10'h Anniversary, Mayor Washington proclaimed the first week of October, 2007, to be Chaparral High School Decade of Excellence Week. PUBLIC COMMENT A. Mr. R.J. Deakins, Temecula, relayed the positive aspects of the Old Town Farmer's Market and encouraged Old Town Merchants to work with the Farmer's Market to promote business. B. Mr. Doc Lane, Temecula, expressed his concern with the City not performing an Environmental Impact Report (EIR) for the future Civic Center project in Old Town. C. Ms. Ashlyn Johnson, Temecula, reported on the "Operation Batteries" program which educates residents on how to recycle batteries. D. Mr. Jeremy Schembri, Hemet, relayed the positive community aspects of the Old Town Farmer's Market. E. Speaking highly of the Old Town Farmer's Market, Mr. Tony Tiska, Temecula, advised that the market draws many visitors from other cities and, noted that she would not be in favor of closing the Farmer's Market. RIMinuteslOg2507 F. Ms. Neeru Sehgal, Temecula, stated that the merchants of Old Town should be working together with the Farmer's Market to expand it with entertainment, extended hours, kids' events, and more vendors. G. Ms. Lynn Macur, Temecula, relayed the importance of the City supporting its local businesses as well as the City's Old Town Farmer's Market. H. Ms. Donna Jo Canale, Murrieta, relayed that she has been a patron of the Farmer's Market for many years and would not be in favor of closing it. I. Ms. Yvette Anthony, Temecula, expressed her disappointment with the Public Works' Department and its lack of communication with regard to her project. J. Ms. Evelyn Honea expressed her concern with the large amount of vendors at the Farmer's Market, and requested that the City adhere to its agreement. For Mayor Washington, Assistant City Manager Adams stated that he will provide a status report of the Farmer's Market Agreement by Wednesday, September 26, 2007. K. Ms. Kathy Fink, Temecula, advised of the upcoming iwalk International Walk to School Day to be held Wednesday, October 3,2007, to celebrate the healthy benefits of walking. L Ms. Rebecca Weersing, Temecula, advised that French Valley Elementary School would also be participating in the Walk to School Program, creating a need for community involvement, and invited the community to join its local PTA. M. Ms. Tomi Arbogast, Executive Director of the Wine Grower's Association, thanked the City Council for its support and proclamation received on September 15, 2007. N. Expressing her appreciation of the Old Town Farmer's Market, Ms. Margie Conte stated that she would not be in favor of closing the Farmer's Market. O. Ms. Tina Steinberg, Temecula, stated that, as a Farmer's Market vendor, she would promote the Farmer's Market, as well as its vendors. P. Mr. Stephen Eldred, Old Town Merchant, clarified that the Old Town merchants are not opposed to a Farmer's Market, but rather its flea market vendors. Q. Ms. Kim Akasaka, Rainbow, a Farmer's Market vendor, relayed that he would not consider the Old Town Farmer's Market a flea market and hoped that the Old Town merchants understand that a Farmer's Market would bring in a large amount of businesses for its vendors as well as its Old Town businesses. R. Mr. Rick Akasaka, Rainbow, relayed that it would be his opinion that the Farmer's Market would be a benefit to Old Town merchants and encouraged the Old Town merchants and Farmer's Market vendors to work together to promote its businesses. CITY COUNCIL REPORTS A. In response to emails received regarding the Redhawk Dog Park, Mayor Pro Tem Naggar advised that the Community Services Department will be staffing the park part-time to ensure that all rules and regulations are being adhered to. RIMinuteslOg2507 2 Mayor Pro Tem Naggar also advised that he, along with Mayor Washington and staff, had an opportunity to attend a meeting with the President of Cal State San Marcos regarding the possibility of bringing forward the consideration of a university in the City of Temecula; and stated that the Council will keep the public apprised as to any new information with regard to this matter. B. Commending Mayor Washington for his dedication as the City's Mayor of 2007, Council Member Roberts relayed his appreciation to his commitment. Council Member Roberts apprised the community that Riverside County Sheriff Doyle has announced his immediate resignation and advised that Mr. Stan Sniff will become Riverside County's new Sheriff, effective Tuesday, October 2, 2007. Council Member Roberts advised that TESCO (Fresh & Easy), one of the top three retailers in the world, has announced its venture to open facilities in the Inland Empire. C. Expressing his interest in a Walking School Bus, Council Member Comerchero asked Ms. Weersing to contact him with more information. Council Member Comerchero highlighted the success of the Children Museum's Robot Building Contest and advised that this contest will take be conducted yearly. D. Referencing the 13'h Annual Temecula Film Festival, Council Member Edwards congratulated Ms. Eve Craig for her outstanding achievement of service to the community. E. Thanking Council Member Roberts for his comments, Mayor Washington relayed that he has enjoyed serving as Mayor. Relaying on the success of the 13'h Annual Temecula Film Festival, Mayor Washington noted that he, as well as many others, enjoyed the event. For the record, Mayor Washington referenced emails received regarding the positive aspects of the Farmer's Market. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 11, 2007. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RIMinuteslOg2507 3 RESOLUTION NO. 07 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Purchase and Sale Aqreement for Certain Propertv Riqhts on Propertv Located at 45024 Muirfield Drive RECOMMENDATION: 4.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Christopher and Tammy Mitchell, for the purchase of an approximate 5,280 square foot permanent easement and an approximate 80 square foot area in fee for the widening of Pechanga Parkway at a purchase price of $6,500.00 plus escrow fees; 4.2 Authorize the Finance Department to disburse the amount of $6,500 to cover the cost of the easements plus the associated escrow fees not to exceed $1,000.00; 4.3 Authorize the Mayor to execute the Purchase and Sale Agreement, approve and execute any necessary documents, and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 5 French Vallev Interchanqe Project - Joint Resolution with the Citv of Murrieta RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 07-74 A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITIES OF TEMECULA AND MURRIETA RECOGNIZING THE REGIONAL SIGNIFICANCE OF THE PLANNED FRENCH VALLEY PARKWAY IINTERSTATE-15 OVER- CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT AND COMMITTING TO WORK TOGETHER TO EXPEDITIOUSLY DELIVER THE PROJECT 6 License Aqreement for the TEAM Communitv Pantrv RECOMMENDATION: 6.1 Approve a First Amendment to the License Agreement between the City of Temecula and the Global Community Foundation to terminate the Agreement; 6.2 Approve the License Agreement between the City of Temecula and the TEAM Community Pantry to maintain a modular office building and storage containers at the Temecula Community Center in a monthly amount of $1,100 ($13,200) annually) . RIMinuteslOg2507 4 7 First Amendment to the Non-Exclusive Purchase Aqreement for the Traffic Siqnallnstallation at Rancho California Road and Business Park Drive. West - Project No. PW07-02 RECOMMENDATION: 7.1 Approve the First Amendment with McCain Traffic Supply, Inc. to provide a Traffic Signal Controller, Cabinet and Battery Back-Up System for the Traffic Signal Installation at Rancho California Road and Business Park Drive West - Project No. PW07-02 - for an amount not to exceed $12,053.99 and authorize the Mayor to execute the amendment. 8 Amendment NO.1 to Verizon Cable Franchise RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 07-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO THE NONEXCLUSIVE CABLE FRANCHISE AGREEMENT BETWEEN THE CITY AND VERIZON CALIFORNIA, INC. MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. At 8:00 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:02 p.m., the City Council resumed with regular business. PUBLIC HEARING 14 Proposed Noise Ordinance addinq Chapter 9.2 to Title 17 of the Temecula Municipal Code RECOMMENDATION: 14.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE By way of PowerPoint Presentation, Senior Planner Papp highlighted on the following aspects of the Noise Ordinance: . Project Description . Municipal Code Amendment . Goals . Purpose . Special Standards RIMinuteslOg2507 5 . Enforcement . Environmental Determination. In response to Council Member Edwards' queries, Senior Planner Papp stated that the proposed Noise Ordinance would be complaint driven; that reported noises would be measured by noise measuring and calibration equipment; and that all City events would be exempt from the proposed Noise Ordinance. For Council Member Roberts, Mr. Papp noted that he will expedite the purchase of decibel meters for Code Enforcement Officers. At this time, the public hearing was opened. A. Mr. Conrad Ellefson, Temecula, relayed his approval for the proposed Noise Ordinance, but expressed concern with the City veering from its original proposal with respect to garage bands in residential neighborhoods. B. Relaying his approval of the proposed Noise Ordinance, Mr. Kenneth Ray, Temecula, expressed his concern with heavy night-time construction; relayed that residents should not have to tolerate their sleep being continually violated night after night for months; and would request that the City only allow night-time construction for emergency cases. Commenting on Mr. Ray's concern with night-time construction on Margarita and SR 79 SouthlTemecula Parkway, Director of Public Works Hughes stated that due to the magnitude of construction on the corridor, it was determined that night-time construction would be most effective without disrupting traffic; and that the truck backup beeping sounds from construction would be an Occupational Safety Health Administration (OSHA) requirement. At this time, the public hearing was closed. For the City Council, Director of Public Works Hughes stated that staff takes concern with how and when night-time construction would be allowed; that night-time construction work would be year-round at numerous sites; that most of the time it would be the only time the utility companies would be able to accomplish its work without disrupting traffic; that due to the magnitude of construction work on Ynez Road, Margarita Road and SR 79 SouthlTemecula Parkway, it was determined that night-time construction would be best; advising that this approval was made at a public hearing; noted that this project was not anticipated to take long; and that staff would anticipate that Rancho California Water District's project will be completed in two weeks. For Council Member Comerchero, Director of Public Works Hughes stated that truck backup beeping sounds from construction equipment would be an OSHA requirement, but that he will explore the possibility of an exemption for the City. With respect to Mr. Ellefson's concern of garage bands, Mayor Pro Tem Naggar stated that if the proposed Noise Ordinance were approved and if garage bands become a problem, the City Council would not be opposed to amending its Noise Ordinance. Relaying his support of the proposed Noise Ordinance, Council Member Comerchero commended Mayor Washington, Council Member Edwards, and the subcommittee for its efforts in bringing this proposal forward. RIMinuteslOg2507 6 Council Member Roberts suggested that in the future, night-time construction in residential areas be forwarded to the City Council for discussion; and that if determined that night-time construction were necessary, that adjacent residents be notified. Providing the history of the proposed Noise Ordinance and the exemption for City events, Council Member Edwards relayed her support of the Noise Ordinance. Mayor Washington thanked staff and the subcommittee for its efforts with regard to the proposed Noise Ordinance and requested that staff clarify verbiage in the Noise Ordinance with respect to weekend yard work for residents. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 07-12. MOTION: Mayor Pro Tem Naggar moved to approve Item No. 14. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. 15 Development Aqreement. General Plan Amendment. Tentative Tract Map. and Development Plan with a Minor Exception for a 608.934 square foot industrial buildinq on 32 acres. and for the future development of the remaininq 52 acres to include industrial. commercial. retail. hiqh-densitv residential. andlor public institutional facilitv land uses. In addition. the project includes an Operatinq Covenant Aqreement that outlines incentives relatinq to this expansion RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 07 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE TEMECULA PROPERTIES LLCIPROFESSIONAL HOSPITAL SUPPLY PROJECT ON AN 84- ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909- 370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS NO. PA07-0048, A GENERAL PLAN AMENDMENT; PA07-0220, A DEVELOPMENT AGREEMENT; PA06-0370, A TENTATIVE MAP; AND PA06- 0369, PA07-0090, A DEVELOPMENT PLAN WITH A MINOR EXCEPTION 15.2 Adopt a resolution entitled: RESOLUTION NO. 07-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT TO TABLE LU-5 OF LAND USE ELEMENT TO DESIGNATE AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032) PLANNING APPLICATION NO. PA07-0048 15.3 Adopt a resolution entitled: RIMinuteslOg2507 7 RESOLUTION NO. 07 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A TENTATIVE TRACT MAP (TTM 35181) TO SUBDIVIDE AN APPROXIMATE 84-ACRE SITE INTO FIVE PARCELS, FOUR DEVELOPABLE LOTS AND ONE SLOPE AND EASEMENT PARCEL, LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD (APN 909-370-018 AND 909-370-032) PLANNING APPLICATION NO. PA06-0370 15.4 Adopt a resolution entitled: RESOLUTION NO. 07 -79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO CONSTRUCT A THREE-STORY, 608,934 SQUARE FOOT INDUSTRIAL DISTRIBUTION BUILDING ON AN APPROXIMATE 32-ACRE SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD, AND A MINOR EXCEPTION TO ALLOW FOR A ONE PERCENT BUILDING HEIGHT INCREASE FROM 50' TO 50'8" (APN 909-370-018 AND 909-370-032) PLANNING APPLICATIONS NO. PA06-0369 AND PA07-0090 15.5 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT AGREEMENT BETWEEN TEMECULA PROPERTIES, LLC, PROFESSIONAL HOSPITAL SUPPLY, INC., AND THE CITY OF TEMECULA FOR AN APPROXIMATE 84-ACRE SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD IN THE CITY OF TEMECULA (APN 909-370-018 AND 909- 370-032) PLANNING APPLICATION NO. PA07-0220 15.6 Adopt a resolution entitled: RESOLUTION NO. 07 -80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED OPERATING COVENANT AGREEMENT (PROFESSIONAL HOSPITAL SUPPLY) BY AND BETWEEN THE CITY OF TEMECULA AND PROFESSIONAL HOSPITAL SUPPLY, INC. Associate Planner Schuma, by way of PowerPoint Presentation, highlighted the following aspects of the proposal: . Project Description . Development Agreement . General Plan Amendment . Tentative Tract Map . Development Plan wlMinor Exception . Operating Covenant Agreement RIMinuteslOg2507 8 . Location . PHS Site Plan . Elevations . Landscaping . Environmental Determination . Planning Commission Decision . Recommendation. For Mayor Pro Tem Naggar, Associate Planner Schuma advised that if any environmental impacts or potential impacts of the project cannot be mitigated to a less than significant impact, an Environmental Impact Report (EIR) would be required. City Attorney Thorson explained State and Regional Guidelines as it would relate to the purpose of a Mitigated Negative Declaration versus an Environmental Impact Report (EIR), as per staff's report; and advised that this information would be available to the public. Per State Law, City Attorney Thorson advised that the City would not have the authority to disclose the tax revenue agreement of Professional Hospital Supply; and that the Operating Covenant (DIF Agreement), would be structured so that if PHS were to move its point of sale, PHS would be required to pay the City the difference between $10 million and what the actual sales tax would generate, advising that the applicant has agreed with this term. Assistant City Manager Adams stated the following: . That Professional Hospital Supply (PHS) would be the City's number one generator of tax . That based on the fiscal impact of staff's report, staff identified that based on the projected growth of PHS over the next 10 years, the City has potential to receive $25 million in sales tax, noting that the DIF Agreement would be for eight-years . That as part of the expansion, it would be staff's opinion that PHS would propose to grow 20% to 30% over the next five-years . That without the proposed expansion, the City would lose PHS as an employer . That staff would have an opportunity to view any future commercial projects that may arise with the proposal. City Attorney Thorson added that over the next 10 years, the City can expect $25 million of sales tax from Professional Hospital Supply (PHS). In response to Council Member Edwards's query, Assistant City Manager Adams stated that it would be his understanding that PHS was recruited by another municipality, to relocate advising that the City made every effort to retain PHS in the City of Temecula. At this time, the pubic hearing was opened. A. Mr. Kirk Wright, representing the Garrett Group, commended staff for its efforts in retaining Professional Hospital Supply in the City, and emphasized the importance of the project's success to the City and community. B. Ms. Denise Lejens, owner and president of Professional Hospital Supply, thanked the City Council, staff, and the Garrett Group for its hard work and diligence on this important project, and noted PHS would look forward to moving this proposal forward. RIMinuteslOg2507 g C. Although his concern with the City not imposing the completion of an Environmental Impact Report (EIR), Mr. AI Rattan, Temecula, stated that he would be in favor of the proposed project; relayed his concern with a series of improprieties and potential conflicts of interest that might exist with certain members of the City Council; and noted that Council Member Naggar did not declare a conflict of interest with certain business relationships on his Economic Interest Form 700. With regard to Mr. Rattan's comments, Mayor Washington and City Attorney Thorson stated the following facts: . That an Environmental Impact Report (EIR) was prepared for the hospital project on SR 79 SouthlTemecula Parkway . That in order to not delay the hospital project, a supplemental EI R for the hospital is being prepared and will be completed prior to the State application . That with respect to the Riverside County Integrated Project (RCIP), the City received what it requested from the settlement. City Attorney Thorson stated that the City's interest with the lawsuit was to ensure that the mitigation measures for traffic were put into place before County home projects were built. For the record, City Attorney Thorson outlined the reporting requirements for sources of income and business interest within the City; and stated that if a business interest or a source of income were two miles beyond City limits, one would not be required to report. At this time, Mayor Washington gave examples of how an elected official would need to abstain from conflicts of interest. Apologizing to the Garrett Group and Professional Hospital Supply (PHS) for the delay in its approval process, Mayor Washington advised that the City Council regularly consults with the City Attorney with regard to any potential conflicts that may arise with Council Members and its business relations. City Attorney Thorson reiterated that the City Council Members would be required to abide by the Fair Political Practice Commission's eight point procedure; and that all regulations for conflicts of interest/abstentions are referenced in the Fair Political Practices Guidelines. City Attorney Thorson addressed the following with regard to Mayor Pro Tem Naggar: . Conflicts of Interest Procedures . Financial Affairs . Residence . Income Level . Business Interest . County Project Lawsuit. Mayor Pro Tem Naggar stated that he abides by the Fair Political Practice Commission Guidelines. Questioning the validity and truthfulness of Mr. Rattan's comments, Council Member Comerchero stated that he, along with his colleagues, regularly consult with City Attorney Thorson with respect to potential conflicts of interest. RIMinuteslOg2507 10 For the benefit of the public, City Attorney Thorson advised that he routinely consults with members of the Council on many issues relating to conflicts of interest as well as appearance of impropriety. The applicant denied rebuttal at this time. At this time, the public hearing was closed. The City Council expressed its enthusiasm with the proposed project. MOTION: Council Member Comerchero moved to approve Item Nos. 15.1 - 15.4, and 15.6. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. City Attorney Thorson introduced and read by title only an Ordinance No. 07-13. MOTION: Council Member Comerchero moved to approve Item No. 15.5. Mayor Pro Tem Naggar seconded the motion and electronic vote reflected unanimous approval. JOINT CITY COUNCIL/REDEVELOPMENT AGENCYITEMECULA PUBLIC FINANCING AUTHORITY BUSINESS 16 Issuance of Tax Allocation Bonds bv the Redevelopment Aqencv of the Citv of Temecula for the Temecula Redevelopment Project NO.1 RECOMMENDATION: 16.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 07 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA OF TAX ALLOCATION BONDS 16.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 07 -08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE AND SALE OF TAX ALLOCATION BONDS IN CONNECTION WITH TEMECULA REDEVELOPMENT PROJECT NO.1, AND APPROVING RELATED DOCUMENTS AND ACTIONS 16.3 That the Temecula Public Finance Authority adopt a resolution entitled: RESOLUTION NO. TPFA 07 -11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF TAX ALLOCATION BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, AND APPROVING OTHER MATTERS RELATED THERETO RIMinuteslOg2507 11 Director of Finance Roberts provided a staff report (of written material). At this time, the public hearing was opened. A. Clarifying that he would not intend on running for City Council, Mr. AI Rattan, Temecula, stated for the record that he would not be opposed to Professional Hospital Supply's proposal; expressed concern with the Redevelopment Agency's departmental report. Mr. Rattan also referenced the future Civic Center in Old Town and its estimated costs; and advised that he will be presenting the City Clerk with his referenced material. At this time, Council Member Comerchero explained the process in which the Old Town Community Theater came to fruition as well explained his requirement for the Economic Interest Form 700. Speaking highly of the Old Town Community Theater, Council Member Edwards stated that the City has always attempted to provide quality projects to its residents such as the future State-of the art civic Center. Mayor Pro Tem Naggar explained how the Old Town Community Theater was funded. Mayor Washington reiterated the process for abstentions with regard to potential conflicts of interest. Director of Finance Roberts stated that year-end financial statements, budget documents, operating budgets, and Capital Improvement Program (CIP) budgets are posted on the City's website. For the record, City Attorney Thorson stated that the proposed bond issues would have no connection with the Old Town Community Theater. MOTION: Council Member Comerchero moved to approve Item No. 16.1. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. MOTION: Council Member Comerchero moved to approve Item No. 16.2. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. MOTION: Council Member Comerchero moved to approve Item No. 16.3. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS 17 Economic Development Department Monthlv Report 18 Citv Council TravellConference Report - Auqust 2007 19 Buildinq and Safetv Department Monthlv Report 20 Planninq Department Monthlv Report 21 Public Works Department Monthlv Report 22 Police Department Monthlv Report RIMinuteslOg2507 12 CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there was no formal action to report. ADJOURNMENT At 9:50 p.m. the City Council meeting was formally adjourned to Tuesday, October 9, 2007, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula , California. Chuck Washington, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RIMinuteslOg2507 13 ITEM NO.3 Approvals City Attorney Director of Finance City Manager ,~~I,t.f/ l CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: October 23, 2007 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $2,652,758.19. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of October, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/04/2007 TOTAL CHECK RUN: $ 1,482,710.29 10/11/2007 TOTAL CHECK RUN: 668,276.31 10/04/2007 TOTAL PAYROLL RUN: 501,771.59 TOTAL LIST OF DEMANDS FOR 10/23/2007 COUNCIL MEETING: $ 2,652,758.19 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 810,127.12 165 RDA LOWiMOD - 20% SET ASIDE 13,152.59 190 TEMECULA COMMUNITY SERVICES DISTRICT 327,679.08 192 TCSD SERVICE LEVEL B 138.67 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 21,669.41 194 TCSD SERVICE LEVEL D 1,041.63 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 12,399.18 197 TEMECULA LIBRARY FUND 19,967.02 210 CAPITAL IMPROVEMENT PROJECTS FUND 759,541.19 280 REDEVELOPMENT AGENCY - CIP PROJECT 12,855.22 300 INSURANCE FUND 1,949.02 320 INFORMATION SYSTEMS 64,805.20 330 SUPPORT SERVICES 5,872.24 340 FACILITIES 21,268.86 460 CFD 88-12 DEBT SERVICE FUND 1,486.71 472 CFD 01-2 HARVEST ON A&B DEBT SERVICE 5,192.18 473 CFD 03-1 CROWNE HILL DEBT SERVICE F1JND 54,904.76 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 1,650.62 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 6,186.71 476 CFD 03-6 HARVEST ON 2 DEBT SERVICE FUND 5,086.71 477 CFD- RORIPAUGH 4,012.48 $ 2,150,986.60 001 GENERAL F1JND $ 323,380.44 165 RDA LOWiMOD - 20% SET ASIDE 9,410.18 190 TEMECULA COMMUNITY SERVICES DISTRICT 114,940.70 192 TCSD SERVICE LEVEL B 11804 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,502.57 194 TCSD SERVICE LEVEL D 869.97 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 598.91 197 TEMECULA LIBRARY FUND 380.57 280 REDEVELOPMENT AGENCY - CIP PROJECT 4,726.00 300 INSURANCE FUND 1,279.64 320 INFORMATION SYSTEMS 28,933.16 330 SUPPORT SERVICES 4,515.13 340 FACILITIES 7,116.28 501,771.59 TOTAL BY FUND: $ 2,652,758.19 apChkLst Final Check List Page: 1 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 939 10/04/2007 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 71,541.29 Blue Shield HMO Payment 0.00 71,541.29 940 10/04/2007 000444 INSTATAX (EDD) State Disability Ins Payment 23,366.87 23,366.87 941 10/04/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 93,458.64 93,458.64 942 10/04/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 22,916.64 22,916.64 SOLUTION 943 10/04/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 124,970.78 124,970.78 RETIREMENT) 944 10/04/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,509.90 4,509.90 NATIONWIDE RETIREMENT 945 10/04/2007 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,809.80 9,809.80 118919 10/04/2007 009604 12MILESOUT.COM video svcs:Council mtgs Jul-Aug 2,000.00 2,000.00 118920 10/04/2007 004594 2 HOT ACTIVEWEAR Uniforms: Police Traffic Div 8.62 8.62 118921 10/04/2007 003552 AFLAC AFLAC Cancer Payment 2,985.44 2,985.44 118922 10/04/2007 008698 ADVANCED APPLIED Jul eng svc:79S park & ride 12,857.50 ENGINEERING Aug eng svc:79S park & ride 3,205.00 16,062.50 118923 10/04/2007 004767 ALERT ALL CORPORATION public safety handouts:Fire Prey 2,445.93 2,445.93 118924 10/04/2007 006915 ALLIE'S PARTY EQUIPMENT Sept 11th equip rental:TCSD 926.87 park dedication equip rentals:TCSD 282.57 park dedication equip rentals: TCSD 280.69 linen equip rental: TCSD 17.39 1,507.52 118925 10/04/2007 008714 ALPHA CORP SIRE Agenda Annl Software: IS 3,109.07 3,109.07 118926 10/04/2007 004240 AMERICAN FORENSIC NURSES DUI & Drug Screening: Police 395.00 DUI & Drug Screening: Police 370.00 DUI & Drug Screening: Police 333.00 DUI & Drug Screening: Police 111.00 DUI & Drug Screening: Police 37.00 1,246.00 Page:1 apChkLst Final Check List Page: 2 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118927 10/04/2007 000747 AMERICAN PLANNING APA Grading wkshp 10/31 Rvside:CD 70.00 ASSOCIATION APA Grading wkshp 10/31 Rvside:DS 70.00 140.00 118928 10/04/2007 004446 AMERICAN SOCIETY OF CIVIL Asce mb 306039: Harvey, Scott 250.00 250.00 118929 10/04/2007 011236 AMERICAN TAITRADE INC supplies: skateboard design class 108.30 108.30 118930 10/04/2007 008279 AMERICOMP IN FOSYSTEMS INC Tripp Netdirect switch:Fld Op Ctr 2,405.44 JVC Video Recorder: Info Sys 1,528.97 hp color laserJet printer:Fld Op Ct 1,356.57 computer supplies/equip: Info Sys 704.69 computer supplies/equip: Info Sys 59.26 6,054.93 118931 10/04/2007 002187 ANIMAL FRIENDS OF THE refund: Park Rental Fees 10/27 190.00 190.00 VALLEYS 118932 10/04/2007 001561 ARCH WIRELESS TCSD/PW paging/rental svcs 302.68 302.68 118933 10/04/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs: City Hall 293.58 Bottled wtr svcs: Maint Facility 272.94 Bottled wtr svcs: CRC 162.15 Bottled wtr svcs: PBSP 87.33 Bottled wtr svcs: Chaparral Aquatics 52.13 Bottled wtr svcs: City Hall 42.01 Bottled wtr svcs: Children's Museum 30.76 Bottled wtr svcs: SMART Pgm 25.80 Bottled wtr svcs: TES Pool 19.30 Bottled wtr svcs: Museum 19.00 Bottled wtr svcs: TCC 10.65 Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: Theater 7.80 1,032.06 118934 10/04/2007 002648 AUTO CLUB OF SOUTHERN Membership: 14310604 Norman, F. 47.00 CALIF Membership: 84339291 Grove, J. 47.00 94.00 118935 10/04/2007 003466 BASKETS & BALLOONS TOO! promo gift baskets:eco dev 106.10 106.10 118936 10/04/2007 002381 BEAUDOIN, LINDA Retirement Medical Payment 719.20 719.20 118937 10/04/2007 002541 BECKER CONSTRUCTION SRVS winter prep/sandbags: PW Maint 22,665.00 22,665.00 INC Page2 apChkLst Final Check List Page: 3 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118938 10/04/2007 010328 BEST IMPRESSIONS promotional items: health fair 580.11 promotional items: health fair 309.26 promotional items: health fair 303.D7 promotional items: health fair 293.47 1,485.91 118939 10/04/2007 004262 BIO-TOX LABORATORIES DUI & Drug Screening: Police 486.41 DUI & Drug Screening: Police 69.00 555.41 118940 10/04/2007 008605 BONTERRA CONSULTING Aug Silt Removal:RRSP Channel 4,710.00 4,710.00 118941 10/04/2007 003222 BROCKMEIER, CAROL Retirement Medical Payment 719.20 719.20 118942 10/04/2007 000128 BROWN & BROWN OF CALIF INC Ins policy 70210664 renewal:Adams,A 350.00 350.00 118943 10/04/2007 010964 CRVP Video Production:Council Mtg 9/11 2,500.00 2,500.00 118944 10/04/2007 003138 CAL MAT PW patch truck materials 189.18 PW patch truck materials 165.94 355.12 118945 10/04/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 118946 10/04/2007 011414 CALIF PEACE OFFICER ASSN St Gang lssues/lnvtg Cnf:(5) Deputies 75.00 75.00 118947 10/04/2007 007146 CALIFORNIA SENSOR CORP solenoid parts/repairs: TCSD 110.00 110.00 118948 10/04/2007 004228 CAMERON WELDING SUPPLY helium tank refill: TCSD 66.62 66.62 118949 10/04/2007 008644 CANTRELL, ROGER, AlA, AICP Aug design svcs: Planning 10,467.00 square footage adj on In# 07-08 5,245.15 15,712.15 118950 10/04/2007 010434 CATERERS CAFE refreshments:City Attorney mtg 9/25 78.74 78.74 118951 10/04/2007 011404 CENTER FOR COMPETITIVE 941 Tax Debt audio conf 1 0/9/07 279.00 279.00 MGMT 118952 10/04/2007 001249 CENTRE FOR ORG Dr. lzzo event 10/24:BG,DL,GR,AA,BJ 625.00 625.00 EFFECTIVENESS 118953 10/04/2007 010955 CLEARCOMM headset replacement fee:TCSD 150.00 150.00 118954 10/04/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05 Page:3 apChkLst Final Check List Page: 4 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118955 10/04/2007 006303 CONDUIT NETWORKS, INC cabling/security sys:Field Op Ctr 29,167.53 29,167.53 118956 10/04/2007 001264 COSTCO WHOLESALE Misc supplies: Stn 92 805.59 refreshments:NAIOP mtg 9/27 336.97 1,142.56 118957 10/04/2007 004123 D L PHARES & ASSOCIATES Oct lease pmt: Police storefront 2,556.79 2,556.79 118958 10/04/2007 006392 DAVCON DEVELOPMENT refund:31165 Hwy 79S grading dep 995.00 995.00 118959 10/04/2007 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 262.50 TCSD instructor earnings 210.00 472.50 118960 10/04/2007 011409 DICKERSON, HARVEY Refund: Library room rental 9/22 70.00 70.00 118961 10/04/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW & IS 102.74 102.74 INC 118962 10/04/2007 010097 DREAM PAINTING Res Impv Pgm paint: Olsen, E 2,430.00 2,430.00 118963 10/04/2007 001669 DUNN EDWARDS CORPORATION painting supplies: Theater 178.70 178.70 118964 10/04/2007 011202 EM H SPORTS & FITNESS TCSD instructor earnings 227.50 227.50 118965 10/04/2007 005692 ELMO, ANTHONY Retirement Medical Payment 719.20 719.20 118966 10/04/2007 011203 ENVIRONMENTAL CLEANING Sept janitorial svcs: Parks 5,102.00 5,102.00 118967 10/04/2007 011399 FARR, CRYSTAL G Refund: Cite 58450 Dismissal 2nd level 325.00 325.00 118968 10/04/2007 003747 FINE ARTS NETWORK sttlmt Secret Garden 9/21-9/30 1,433.73 1,433.73 118969 10/04/2007 007659 FIRST AMERICAN TITLE title reports: 41863/52 Main St 1,500.00 1,500.00 INSURANCE 118970 10/04/2007 010493 FOREST CITY COMMERCIAL Oct lease pymtPD Mall Storefront 1,458.33 1,458.33 MGMT 118971 10/04/2007 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 938.30 938.30 118972 10/04/2007 002982 FRANCHISE TAX BOARD withholding requirement:Foghat 10/4/07 1,750.00 1,750.00 Page:4 apChkLst Final Check List Page: 5 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118973 10/04/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 118974 10/04/2007 000170 FRANKLIN QUEST COMPANY INC Calendars: Planning Staff 42.01 42.01 118975 10/04/2007 007866 G C S SUPPLIES INC digital voice trackers: PVI/ Traffic 190.72 190.72 118976 10/04/2007 010326 G E 10NICS INC Sept equip maintlrepair:Stn 73 50.00 Sept equip rental: Stn 73 21.55 71.55 118977 10/04/2007 010028 G M BUSINESS INTERIORS Furniture & Installation: Library 886.52 886.52 118978 10/04/2007 011351 GBA MASTER SERIES, INC. computerized maint mgmt sys:IS 28,447.90 28,447.90 118979 10/04/2007 005947 GOLDEN STATE OVERNIGHT 9/4-14 express mail svc:Fire Prey 30.76 30.76 118980 10/04/2007 009608 GOLDEN VALLEY MUSIC Classics from the Cinema 9/15/07 1,796.30 1,796.30 SOCIETY 118981 10/04/2007 011235 HARLAND TECHNOLOGY Annual Scantron Service: Info Sys 935.00 935.00 SERVICES 118982 10/04/2007 003895 HAROLD, MARK reimb: enlarge/mounting picture fees 1,294.80 1,294.80 118983 10/04/2007 004188 HARRIS & ASSOCIATES Aug svcs:pavement R Calif Rd 23,024.50 23,024.50 118984 10/04/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 100.00 100.00 GROUP INC 118985 10/04/2007 004811 HEWLETT PACKARD hp ProLiant DL server:Fld Op Ctr 13,442.42 hp Compaq Thin Client:Fld Op Ctr 9,681.34 hp flat panel speaker bars:Fld Op Ctr 4,225.28 credit: hp designjet printer -2,191.00 25,158.04 118986 10/04/2007 005748 HODSON, CHERYL A Support Payment 6.64 6.64 118987 10/04/2007 000963 HOGAN, DAVID Retirement Medical Payment 719.20 719.20 118988 10/04/2007 010550 HOME DEPOT, THE misc supplies: PWMaint Div 119.43 misc supplies: PW Maint Div 88.73 208.16 118989 10/04/2007 005313 HUFFER MANUFACTURING INC equip:harvest carnival TCSD 225.00 225.00 PageS apChkLst Final Check List Page: 6 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118990 10/04/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 14,376.14 14,376.14 303355 118991 10/04/2007 011228 INLAND PLANNING AND DESIGN Aug consulting svcs:Old Town 14,000.00 14,000.00 INC 118992 10/04/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals: Aquatics 474.78 INC Pool sanitizing chemicals: Aquatics 224.66 699.44 118993 10/04/2007 003571 INTL ASSN OF PLUMBING AND 07 CA Plumbing Code book: B&S 1,661.25 1,661.25 118994 10/04/2007 006924 INTL MUNICIPAL SIGNAL ASSOC. IMSA Mb# 84337 Beardshear, Jeff 60.00 IMSA Mb# 21276 Uribe, Richard 60.00 120.00 118995 10/04/2007 011405 INVERNESS HOTEL & CONF 10/14-17 BrownlWeston Eden Cnf 483.90 483.90 CENTER 118996 10/04/2007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11 118997 10/04/2007 000820 K R W & ASSOCIATES Aug-Sept eng plan ck Sycs: PW 1,155.00 1,155.00 118998 10/04/2007 000209 L & M FERTILIZER INC equip repair/maint: PWMaint Diy 1,573.43 1,573.43 118999 10/04/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 409.50 TCSD instructor earnings 364.00 TCSD instructor earnings 336.00 1,109.50 119000 10/04/2007 010656 LEUSCHEN, AI DEE TCSD Instructor Earnings 262.50 TCSD Instructor Earnings 210.00 472.50 119001 10/04/2007 004087 LOWES INC hardware supplies: Theater 39.66 39.66 119002 10/04/2007 003782 MAIN STREET SIGNS no smoking alumnm signs 7"x5": parks 659.43 street signs:PWMaint Diy 231.66 891.09 119003 10/04/2007 006787 MANN, SILVA refund:sec.depositfTCC 9/22 150.00 150.00 119004 10/04/2007 001967 MANPOWER TEMPORARY Temp Help W/E 09/02 JAIMS/AC 1,743.32 SERVICES Temp Help W/E 08/26 JAlACIMS 1,490.75 Temp Help W/E 09/16 JAlAC 852.28 4,086.35 119005 10/04/2007 004307 MARINE BIOCHEMISTS Sep water maint srvcs:Harv/Duck Pond 4,855.00 4,855.00 Page:6 apChkLst Final Check List Page: 7 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119006 10/04/2007 001256 MARRIOTT HOTEL Htl:Emerg Preparedness Cf:10/1G-13 MS 542.84 542.84 119007 10/04/2007 001256 MARRIOTT HOTEL Htl:Emerg Preparedness Cf:10/1G-12TB 470.16 470.16 119008 10/04/2007 002046 MASTER K 9 INC boarding for police k-9 9/19-20/07 17.00 17.00 119009 10/04/2007 000220 MAURICE PRINTERS INC printing srvcs:hr employment form 997.77 997.77 119010 10/04/2007 010582 MCNABB, JUDY Computer Purchase Prgm 1,835.10 1,835.10 119011 10/04/2007 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 7,733.34 7,733.34 119012 10/04/2007 009541 MEYER AND ASSOCIATES Aug dsgn srvcs:TCC expansion 25,060.00 25,060.00 119013 10/04/2007 008091 MILLMORE'S WAA CREW City vehicle detailing srvcs:PW 125.00 City vehicle detailing srvcs:PW 100.00 225.00 119014 10/04/2007 001384 MINUTEMAN PRESS business cards:D. Brown 86.73 86.73 119015 10/04/2007 004534 MOBILE SATELLITE VENTURES Sep EOC stn Satellite Phone SVcs 72.85 72.85 LP 119016 10/04/2007 009443 MUNYON, DENNIS G. Oct-Dee '07 Old Town parking agrmnt 2,050.00 2,050.00 119017 10/04/2007 001986 MUZAK -SOUTHERN CALIFORNIA Oct "on-hold" phone music:City Fac's 131.72 Oct music broadcast:Old Town 69.11 200.83 119018 10/04/2007 002925 NAPA AUTO PARTS mise supplies:PW Maint Div 226.81 credit:auto parts & mise supplies/pw -92.42 134.39 119019 10/04/2007 005006 NBS GOVERNMENT FINANCE Spcl tax admin srvcs:Finance Dept 10,677.28 10,677.28 GROUP 119020 10/04/2007 000233 NELSON, SHAWN reimb: Sep internet services 44.95 44.95 119021 10/04/2007 011143 NEW WORLD LANGUAGE translation srvcs/assessment ntcs:TCSD 248.78 248.78 SERVICES 119022 10/04/2007 008528 NICHOLS, MELBURG & ROSETTO May dsgn:old town infrastructure 76,679.89 76,679.89 Page:? apChkLst Final Check List Page: 8 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119023 10/04/2007 011390 NOISY S.O.D. pmt 2/periormanceTheater 10/4/07 13,000.00 non resident withholding requirement -1,750.00 11,250.00 119024 10/04/2007 011390 NOISY S.O.D. pmt 1/periormanceTheater 10/4/07 12,000.00 12,000.00 119025 10/04/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 1,265.15 1,265.15 119026 10/04/2007 001171 ORIENTAL TRADING COMPANY Harvest Carnival suppliesTCSD 35.70 35.70 INC 119027 10/04/2007 002256 P & 0 CONSULTANTS INC Aug pin ck review srvcs:B. Henderson 7,749.74 7,749.74 119028 10/04/2007 005152 PACIFIC PRODUCTS & SERVICES maint supplies:PI/V Maintenance 6,365.98 6,365.98 119029 10/04/2007 005850 PAISNER, WILLIAM refund:sec.depositlCRC 11/17 150.00 150.00 119030 10/04/2007 009134 PARKER, MARIANNE Reimb:CACEO Conf:9/19-21 :Oxnard 108.29 108.29 119031 10/04/2007 010547 PARKS, RON Retirement Medical Payment 693.59 693.59 119032 10/04/2007 007480 PATTERSON, GLENN reimb:entertainmentlSister Cities Prgm 184.00 184.00 119033 10/04/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92 PROGRAM 119034 10/04/2007 000249 PETTY CASH Petty Cash Reimbursement 1,557.83 1,557.83 119035 10/04/2007 008793 PICK UP STIX rirshmnts:Civic Ctr dsgn mtg 07/24 318.40 rirshmnts:Old Town wrkshp 09/24 175.63 494.03 119036 10/04/2007 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 346.50 346.50 119037 10/04/2007 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 486.25 486.25 119038 10/04/2007 005383 RANCHO SPRINGS MEDICAL FY 05/06 & 06/07 CS funding 30,000.00 30,000.00 CENTER 119039 10/04/2007 000271 RBF CONSULTING Jul prof svcs:I-15/79S Ult. Intrchg 741.45 741.45 Page:8 apChkLst Final Check List Page: 9 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119040 10/04/2007 003591 RENES COMMERCIAL Citywide weed abatement 10,000.00 10,000.00 MANAGEMENT 119041 10/04/2007 011408 RENTIE, LYNN refund:security deposit/crc 12/22 150.00 150.00 119042 10/04/2007 007402 RICHARD BRADY & ASSOCIATES 7/29-9/1/07 dsgn:Field Oper Ctr 5,418.64 5,418.64 119043 10/04/2007 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 122.50 TCSD Instructor Earnings 24.50 315.00 119044 10/04/2007 000353 RIVERSIDE CO AUDITOR July 07 parking citation 8,471.00 8,471.00 119045 10/04/2007 001365 RIVERSIDE COUNTY OF renew permit:CRC 605.00 605.00 119046 10/04/2007 011101 RIVERSIDE LAND Jun consulting srvcs:open space 9,992.88 CONSERVANCY Aug consulting srvcs:Open Space 2,919.59 12,912.47 119047 10/04/2007 001624 ROBERTS, GENIE computer purchase program 1,125.55 1,125.55 119048 10/04/2007 000277 S & S ARTS & CRAFTS INC Tree for holiday events:TCSD 98.19 98.19 119049 10/04/2007 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,081.17 1,081.17 119050 10/04/2007 008515 SAM DE FAZIO'S GOODTIME entertainment:mpsc 9/28/07 400.00 400.00 BAND 119051 10/04/2007 007233 SAN BERNARDINO, COUNTY OF mtrcycle instr trng: Dep. Griffith 10/8-19 1,159.00 1,159.00 119052 10/04/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50 119053 10/04/2007 010803 SEAN MALEK ENGINEERING & Aug prgs pmtR.C.Rd Widen pw02-19 390,780.00 CONST Jul prgs pmtR.C.Rd Widen pvv02-19 115,776.00 506,556.00 119054 10/04/2007 005051 SEISMIC WARNING SYSTEMS INC Seismic Warning System:Fire stns 37,458.75 37,458.75 119055 10/04/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2007053052 339.70 Support Payment LO File # 2007052618 100.00 439.70 119056 10/04/2007 004609 SHREDFORCE INC Sep doc. shredding svcs:Rcrds Mgmt 110.00 Sep doc. shredding svcs:CRC 22.50 132.50 Page:9 apChkLst Final Check List Page: 10 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119057 10/04/2007 011291 SIERRA PACIFIC ELECTRICAL traffsgnl mast arm:R.C.Rd widen pw02-19 2,875.00 2,875.00 119058 10/04/2007 000645 SMART & FINAL INC misc supplies:var recreation pgrms 110.14 misc supplies:teen pgrms 109.41 219.55 119059 10/04/2007 000537 SO CALIF EDISON Sept 2-00-397-5042 City Hall 10,211.98 Sept 2-27-805-3194 Theater 6,420.87 Sept 2-02-502-8077 Maint Fac 3,003.11 Sept 2-20-798-3248 C. Museum 2,436.58 Sept 2-29-295-3510 WolfVlly 1,774.87 2-00-397-5067 various mtrs 1,770.40 Sept 2-18-937-3152 T.Museum 1,685.27 Sept 2-19-171-8568 Wedding Chpl 77.52 Sept 2-29-458-7548 WolfCrk PED 69.35 Sept xxx-2676 general usage 32.53 Sept 2-29-657-2332 Redwood Rd PED 16.38 27,498.86 119060 10/04/2007 001212 SO CALIF GAS COMPANY Sep 091-085-1632-0 T.E.S. Pool 749.19 Sept 101-525-1560-6 Fire Stn 73 59.21 Sept 101-525-0950-0TCC 59.03 867.43 119061 10/04/2007 009218 SOUND IMAGE INC Audio Srvcs/Foghat performance 10/4 2,400.00 2,400.00 119062 10/04/2007 000519 SOUTH COUNTY PEST CONTROL pest control services: Redhawk Park 94.00 94.00 INC 119063 10/04/2007 005786 SPRINT Aug 25-Sept 25 Cellular Usage/Equip 7,765.88 7,765.88 119064 10/04/2007 011413 SRCCC reg:Emerg Preparedness Cf:10/11-12 TB 330.00 330.00 119065 10/04/2007 011413 SRCCC reg:Emerg Preparedness Cf 10/11-12 MS 80.00 80.00 119066 10/04/2007 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 10,812.41 10,812.41 119067 10/04/2007 008337 STAPLES BUSINESS office supplies:history museum 57.48 57.48 ADVANTAGE 119068 10/04/2007 003840 STRONGS PAINTING painting srvcs:Planning dept 600.00 600.00 119069 10/04/2007 002651 SUN BADGE COMPANY badge/belt clip holders: Code Enfor 73.00 73.00 119070 10/04/2007 010924 T & D COMMUNICATIONS, INC. Field Oper. Ctr: Cabling Services 3,542.03 3,542.03 Page:10 apChkLst Final Check List Page: 11 10/0412007 1:41:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119071 10/04/2007 010215 T & T JANITORIAL Sep janitorial services: City facilities 7,301.76 7,301.76 119072 10/04/2007 000305 TARGET BANK BUS CARD SRVCS hospitality supplies:theater 130.50 130.50 119073 10/04/2007 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,199.00 5,199.00 119074 10/04/2007 010679 TEMECULA AUTO City veh repair & maintFire Prevention 323.06 323.06 REPAIR/RADIATOR 119075 10/04/2007 009150 TEMECULA GLASS & MIRROR Res ImplY Prgm: Caulfield 565.77 565.77 INC 119076 10/04/2007 004260 TEMECULA STAMP & GRAPHICS self-inking stamps:Fire Prey 278.37 278.37 119077 10/04/2007 000307 TEMECULA TROPHY COMPANY recogn award: D.Hillberg 78.87 78.87 119078 10/04/2007 010192 THOMAS, ROSALIE periormance:Hot Smr Nights 8/17/07 650.00 650.00 119079 10/04/2007 000316 THORNHILL, GARY Retirement Medical Payment 719.20 719.20 119080 10/04/2007 010276 TIME WARNER CABLE Sept high speed internet CW 54.95 54.95 119081 10/04/2007 000319 TOMARK SPORTS INC replacement nails for nail drag: parks 220.90 220.90 119082 10/04/2007 008059 TURNER PUBLISHING COMPANY "100 Years of CDF" books:Fire 513.65 513.65 LLC 119083 10/04/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00 119084 10/04/2007 004261 VERIZON Sept xxx-5706 Field OPS Cntr 292.74 Sept xxx-3526 fire alarm 97.59 Sept xxx-9897 general usage 89.50 Sept xxx-5696 Sports Complex 32.53 Sept xxx-7786 C. Washington 31.49 543.85 119085 10/04/2007 004789 VERIZON ONLINE Internet svcs xx9647 @ Library 439.95 439.95 119086 10/04/2007 010245 VILLA, DOLORES Retirement Medical Payment 557.10 557.10 Page:11 apChkLst 10/0412007 1:41:17PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 119087 10/04/2007 005025 VOSHALL, JEAN 119088 10/04/2007 000339 WEST PUBLISHING CORP 119089 10/04/2007 011407 WINCHESTER CHEESE COMPANY 119090 10/04/2007 011406 YORK, DONALD G. 119091 10/04/2007 000348 ZIGLER, GAIL Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Page: 12 Check Total Reimb:CACEO Conf:9/19-21 :Oxnard 149.35 149.35 256.45 125.00 1,000.00 71.29 1,482,710.29 Aug Law Library Judicial Updates 256.45 MPSC excursion 10/11/07 125.00 periormance:Theater 10/5-6/07 1,000.00 reimb:supplies for NAOIP event 9/27 71.29 Grand total for UNION BANK OF CALIFORNIA: Page:12 apChkLst 10/0412007 1:41:17PM Final Check List CITY OF TEMECULA Page: 13 180 checks in this report. Grand Total All Checks: 1,482,710.29 Page:13 apChkLst Final Check List Page: 1 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 946 10/11/2007 004312 LENNAR COMMUNTIES Reimb: COI bond fund CFD03-1 47,882.89 47,882.89 119092 10/11/2007 004918 A W DIRECT INC lock out tools: Paramedics 402.35 402.35 119093 10/11/2007 004973 ABACHERLI, LlNDI TCSD instructor earnings 760.00 760.00 119094 10/11/2007 007598 ABCO 100 Travelers Insurance for Sister City Trip 381.60 381.60 119095 10/11/2007 008552 ADKINS DESIGN CONSULTING 9/16-30 graphic design svc:Theater 2,474.81 2,474.81 119096 10/11/2007 003679 AEI CASC ENGINEERING Aug Wqmp Plan Ck Svcs:Npdes 8,456.00 Aug Wqmp Plan Ck Svcs:Npdes 1,614.18 10,070.18 119097 10/11/2007 004767 ALERT ALL CORPORATION Safety Educ Materials: Fire Prey 538.75 538.75 119098 10/11/2007 003859 ALL ABOUT SELF STORAGE Storage UnitC332 childrens museum 2,208.00 storage Unit:G702 recreation 1,200.00 3,408.00 119099 10/11/2007 009374 ALLEGRO MUSICAL VENTURES rental piano repair & maint: Theater 140.00 Piano repair & maint Theater 140.00 280.00 119100 10/11/2007 009767 AL TA LOMA CHARTER INC transportation:Getty Villa 9/22 984.50 984.50 119101 10/11/2007 007282 AMAZON.COM,INC code books: Fire Prey 153.08 153.08 119102 10/11/2007 007280 AMERICAN MEDICAL RESPONSE- CPR/first aid cards: Paramedics 384.00 AMR CPRffirst aid cards: Paramedics 192.00 576.00 119103 10/11/2007 000936 AMERICAN RED CROSS Misc Supplies: Aquatics Pgrm 712.00 712.00 119104 10/11/2007 008279 AMERICOMP IN FOSYSTEMS INC day/night cameras: Fld Op Ctr 3,769.10 3,769.10 119105 10/11/2007 000101 APPLE ON E INC temp help w/e 08118 Y. Tocol 163.80 163.80 119106 10/11/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs: Library 146.60 Bottled wtr svcs: City Council 20.37 166.97 119107 10/11/2007 003376 ARTS COUNCIL, THE Community Cultural Arts Grant 10,000.00 advertising:arts council brochure 375.00 10,375.00 Page:1 apChkLst Final Check List Page: 2 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119108 10/11/2007 002648 AUTO CLUB OF SOUTHERN Membership: 23669393 Vedra, D. 47.00 47.00 CALIF 119109 10/11/2007 009930 BAWCOMBE, KELSEY refund:"Unofficial Guide/Disneyland" 16.99 16.99 119110 1 0/11/2007 011419 BERGE, CORINNE Refund: Up Close & Personal Class 92.00 92.00 119111 1 0/11/2007 010328 BEST IMPRESSIONS promotional items: health fair 446.01 446.01 119112 1 0/11/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 665.00 665.00 119113 10/11/2007 003048 BOYS & GIRLS CLUB refund: TCC rental 8/14/07 276.00 276.00 119114 10/11/2007 010825 BRASSFIELD COMMUNICATION Cable Install:Fire Stns 12 & 84 1,636.37 INC Cable Install:Fire Stns 12 & 84 907.43 2,543.80 119115 10/11/2007 000154 CSMFO 08 mb dues GR, JS, RG, PB 405.00 405.00 119116 10/11/2007 003138 CAL MAT PW patch truck materials 435.42 PW patch truck materials 417.92 PW patch truck materials 283.56 PW patch truck materials 257.74 1,394.64 119117 10/11/2007 005384 CALIF BAGEL BAKERY & DELI refreshments:pln comm mtg 10/3 207.42 207.42 119118 10/11/2007 010214 CHILDRENS HOSPITAL- SAN exam services: Police 3120/07 15.00 15.00 DIEGO 119119 10/11/2007 011389 CIPRIANI, JANICE Water Color Demo:Museum 10/13 250.00 250.00 119120 10/11/2007 004414 COMMUNITY WORKS DESIGN Aug insp/pln ck svcs: Planning 5,490.00 GROUP Adj price per sq ft PA06-0060 260.00 Adj conceptual reviews on InV# 8623 -2,170.00 3,580.00 119121 10/11/2007 000447 COMTRONIX OF HEMET Kenwood Radio System :City Van 1,447.65 1,447.65 119122 10/11/2007 001264 COSTCO WHOLESALE misc supplies: Theater 276.39 misc supplies: Theater 124.96 401.35 119123 10/11/2007 010650 CRAFTSMEN PLUMBING & HVAC drain line clearing: MPSC 117.50 117.50 INC Page2 apChklst Final Check List Page: 3 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119124 10/11/2007 008942 CREATIVE BUS SALES INC repairs: TCSD Chevy Bus 421.70 421.70 119125 10/11/2007 003272 DAISYWHEEL RIBBON plotter paper/supplies: GIS 666.01 COMPANY INC plotter paper/supplies: GIS 95.90 761.91 119126 10/11/2007 011046 DALTON, KRISTEN Refund:Security Deposit TCC 9/29 150.00 150.00 119127 10/11/2007 011377 DANCE SAN DIEGO advertising: 07 Temecula Presents 500.00 500.00 119128 10/11/2007 011422 DELASKI, ESTELLA Refund: Security Dep CRC 9/22 150.00 150.00 119129 10/11/2007 010461 DEMCO INC uv filters/poly tape: Library 37722 37722 119130 10/11/2007 003945 DIAMOND ENVIRONMENTAL Portable Restroom Rental: TCSD 79.78 79.78 SRVCS 119131 10/11/2007 000684 DIEHL EVANS & COMPANY LLP Audit Services: Finance 15,000.00 Audit/Indebtedness svc: RDA 3,150.00 18,150.00 119132 10/11/2007 002701 DIVERSIFIED RISK Sept 07 Special Events Premiums 896.73 896.73 119133 10/11/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,747.48 INC Fuel for City vehicles: PVV Maint 1,292.55 Fuel for City vehicles: Code Enfc 492.12 Fuel for City vehicles: B&S 484.30 Fuel for City vehicles: PVV lnd Dv 466.21 Fuel for City vehicles: PVV Traffic 139.99 Fuel for City vehicles: PWCIP 133.28 4,755.93 119134 10/11/2007 011423 DURAN-DOMINGUEZ, LUZ Refund: Security Dep CRC 9/23 150.00 150.00 119135 10/11/2007 010359 DYNAMIC GRAPHICS MAGAZINE Subscription renewal 346853-5 DGM 36.00 36.00 119136 10/11/2007 005093 EAGLES PEAK CHARTER Refund: Security Dep TCC 9120 150.00 150.00 SCHOOL 119137 10/11/2007 004829 ELLISON WILSON ADVOCACY Oct State lobbying svcs: CM 3,500.00 3,500.00 LLC 119138 10/11/2007 001056 EXCEL LANDSCAPE irrigation repairs: M-05 svc area 270.97 270.97 Page:3 apChkLst Final Check List Page: 4 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119139 10/11/2007 000478 FAST SIGNS Senior health fair banner:tcsd 146.28 146.28 119140 10/11/2007 010804 FEHR & PEERS ASSOCIATES Aug Old Town prkg study:RDA 800.00 800.00 119141 10/11/2007 011412 FENNIKOH, FRED OR RAFAELA Refund: Cite 54500 Dismissed 2nd level 335.00 335.00 Page:4 apChkLst Final Check List Page: 5 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119142 10/11/2007 003347 FIRST BANKCARD CENTER HAMPTON INN & SUITES GY Hotel:PoIice trng:SRO Cf:8/2G-23 855.30 HILTON RR Hotel:SCAG Mtg:8/29-30:LA 528.87 PAT & OSCARS RESTAURANT RR Refreshments:Sister Cities Event 502.85 AMERICAN AIRLINES HP Airiare:NRPA Conf:lndianapolis 460.10 LA COSTA RESORT AND SPA GR Bond Buyer Cf:9/10:Carlsbad 294.89 HILTON JS Htl:'07 Nat'l League Cf:11/12 252.73 HERTZ RENT-A-CAR RR Car Rental:NLC TIS 233.46 HILTON HP Hotel:Pool Cert trng:Delarosa:S.D. 175.70 HYATT HP Hotel:CA Dir Summit:8/23-24: Sac 167.27 HOF'S HUT INC. GY Refreshments:Sister cities event 165.60 BJ'S RESTAURANTS, INC. GY Refreshments:Sister Cities Event 159.89 EXPRESS JET AIRLINES INC GY Airiare:CALPELRA Cf:Gutierrez 137.30 ONTARIO AIRPORT RR Prkg:NLC TIS Mtg:9/6-9:Arlington 60.00 VWR INTERNATIONAL INC. HP Exhibit parts-Children's Museum 58.94 LIGHT ENERGY STUDIO HP Exhibit parts-Children's Museum 57.05 SMARTHOME INC. HP Wall switch for Council Chambers 54.17 FRONT STREET BAR & GRILL GR Refreshments:PTSC Mtg 47.62 MARIE CALLENDER GY Refreshments:Union Mtg 39.33 RESTAURANT 25 ONTARIO AIRPORT H P Prkg:CA Dir Summit:8/23-24: Sac 30.00 COUNTRY GARDEN GY Refreshments:HR Planning Mtg 23.48 RESTAURANT SHELL OIL RR Rental Car fuel:NLC TIS 14.01 M C I CENTER RR Prkg:SCAG Mtg:8/29-30:LA 10.00 HP Bank credit for prior chrgs -13.83 GY Bank credit for prior chrgs -16.20 RR Bank credit for prior chrgs -25.29 JC Bank credit for prior chrgs -26.72 GR Bank credit for prior chrgs -29.12 4,217.40 119143 10/11/2007 007274 FORGE, THE refreshments:emp luncheon 10/2 4,436.60 4,436.60 119144 10/11/2007 011145 FOSTER, JILL C. TCSD Instructor Earnings 294.00 294.00 PageS apChklst Final Check List Page: 6 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119145 10/11/2007 004074 FRANCHISE MGMT SERVICES Recreation Supplies: TCSD 49.59 49.59 INC 119146 10/11/2007 000170 FRANKLIN QUEST COMPANY INC Calendars: Planning Staff 36.48 36.48 119147 10/11/2007 000795 FRED PRYOR SEMINARS- How-Supervise 12/19 Cbad 63740:JH 99.00 99.00 CAREERTRAC 119148 10/11/2007 011432 FUENTES, MARTHA refund: CRC rental 3/21/08 247.00 247.00 119149 10/11/2007 007866 G C S SUPPLIES INC printers toner/cartridges: Info Sys 640.36 640.36 119150 10/11/2007 000177 GLENNIES OFFICE PRODUCTS Office supplies: PW lnd Dv/CIP 717.19 INC Office Supplies: TCSD/Chambers 621.59 Office Supplies: Planning 317.93 Office supplies: HR 308.11 Office Supplies: B&S 304.63 Office Supplies: MPSC 211.73 Office Supplies: RDA 207.26 Office Supplies: Info Sys & GIS 171.13 Office Supplies: City Clerk 166.85 Office Supplies: Theater 49.54 3,075.96 119151 10/11/2007 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 329.00 CLUB TCSD instructor earnings 248.50 TCSD instructor earnings 63.00 TCSD instructor earnings 63.00 TCSD instructor earnings 56.00 TCSD instructor earnings 52.50 TCSD instructor earnings 49.00 TCSD instructor earnings 49.00 TCSD instructor earnings 45.50 TCSD instructor earnings 42.00 TCSD instructor earnings 42.00 TCSD instructor earnings 38.50 1,078.00 119152 10/11/2007 000186 HANKS HARDWARE INC Hardware supplies: Fire 933.28 Hardware supplies: PW Traffic 182.50 Hardware supplies: Theater 78.56 Hardware supplies: Ch Museum 58.87 Hardware supplies: B&S 9.67 1,262.88 119153 10/11/2007 010879 HINMAN & CARMICHAEL LLP Aug ABC license svcs: Theater 1,440.00 1,440.00 Page:6 apChklst Final Check List Page: 7 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119154 10/11/2007 007792 HINTON, BEVERLY L. TCSD instructor earnings 135.80 135.80 119155 10/11/2007 011434 HODDER, BENJAMIN Refund: "Case of Glow-Dark Ghost" 3.99 3.99 119156 10/11/2007 010550 HOME DEPOT, THE Hardware supplies: PW Maint 249.98 Hardware Supplies: Theater 27.98 277.96 119157 10/11/2007 011433 IGLESIA BAUTISTA JESUCRISTO refund: security deposit TCC 10/6 150.00 150.00 119158 10/11/2007 004406 IGOE & COMPANY INC Sept flex benefit plan pmt 442.50 442.50 119159 10/11/2007 001407 INTER VALLEY POOL SUPPLY Pool Sanitizing Chemicals: Aquatics 322.00 INC Pool Sanitizing Chemicals: Aquatics 218.75 Pool Sanitizing Chemicals: Aquatics 208.73 749.48 119160 10/11/2007 001186 IRWIN, JOHN TCSD instructor earnings 426.30 TCSD instructor earnings 424.20 850.50 119161 10/11/2007 007241 JAEGER CORPORATION services: Corte Villosa residences 6,230.00 6,230.00 119162 10/11/2007 010412 JOHNSON POWER SYSTEMS generator prey maint : CRC 200.00 Generator Prey Maint: City Hall 200.00 generator prey maint: Fire 200.00 600.00 119163 10/11/2007 011415 JOHNSON, GRACE Refund:Cite 55157 Dismissed 3rd level 325.00 325.00 119164 10/11/2007 007321 KOPP, JON R. (RANDY) sound svcs: Theater events 200.00 200.00 119165 10/11/2007 001085 L N CURTIS & SONS Equipment: Stn 73 171.33 171.33 119166 10/11/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 971.71 971.71 119167 10/11/2007 006897 LORY, SUSAN, J. TCSD instructor earnings 343.00 TCSD instructor earnings 302.40 TCSD instructor earnings 292.95 TCSD instructor earnings 277.20 TCSD instructor earnings 269.50 TCSD instructor earnings 245.00 TCSD instructor earnings 226.80 TCSD instructor earnings 226.80 TCSD instructor earnings 196.00 TCSD instructor earnings 151.20 2,530.85 Page:? apChkLst Final Check List Page: 8 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119168 10/11/2007 003782 MAIN STREET SIGNS city seallogos:PWadmin 754.25 754.25 119169 10/11/2007 001967 MANPOWER TEMPORARY temp help w/e 09/23 JAlAC 852.28 SERVICES temp help w/e 09109 A. Carpenter 368.78 1,221.06 119170 10/11/2007 000220 MAURICE PRINTERS INC printing srvcsl"lnside Temecula":C.M. 6,234.74 6,234.74 119171 1 0/11/2007 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 525.00 TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 42.00 777.00 119172 10/11/2007 006571 MELODY'S AD WORKS Oct consulting srvcs:Old Town 3,000.00 3,000.00 119173 10/11/2007 007210 MIDORI GARDENS Sep Idscp maint srvcs:Parks 68,969.46 68,969.46 119174 10/11/2007 008091 MILLMORE'S WAA CREW City vehicle detailings srvcs:PW Depts 150.00 150.00 119175 10/11/2007 001384 MINUTEMAN PRESS business cards:N. Lara/l'v1. Dilullo 86.74 business cards:S. Dakin 83.25 qty 500 envelopes:B&S Dept 58.49 228.48 119176 10/11/2007 011427 MrTCHELL, NATALIE GRACE refund:"Goldilocks and the Three Bears" 15.95 15.95 119177 1 0/11/2007 000230 MUNIFINANCIAL Direct Exp/Prof Srvcs:Cancellation Ltr 6,786.82 deposit o\ffpmt:Svc Lvi C cancellation 1,046.17 7,832.99 119178 10/11/2007 002925 NAPA AUTO PARTS misc supplies:PW Maint Div 22.30 22.30 119179 10/11/2007 010504 NEXTEL COMMUNICATIONS Aug 26- Sep 25 cellular usage/equip 1,572.44 Council/Planning cellular equip 517.13 2,089.57 119180 10/11/2007 002139 NORTH COUNTY TIMES Sep recruitment ads:human resources 1,754.08 Sep display ads:F.I.T. Finale/Sept 11th 1,362.04 Sep display ads for theater 1,307.06 Sep public ntc ads:City Clerk/Pin 463.24 Sep display ads:City Clerk 300.82 5,187.24 119181 10/11/2007 009570 o C B REPROGRAPHICS Sep dup blueprints:Var. City Projects 204.04 204.04 119182 10/11/2007 002292 OASIS VENDING Oct coffee & kitchen supplies:City Hall 674.64 Oct coffee & kitchen supplies:West Wing 452.45 1,127.09 119183 10/11/2007 007979 OCE NORTH AMERICA INC 9/1/07-8/31/08 map room copier mntc 1,616.04 1,616.04 Page:8 apChkLst Final Check List Page: 9 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119184 10/11/2007 003964 OFFICE DEPOT BUSINESS SVS Misc Office Supplies:PoIice Mall Stn 228.01 DIV Misc Office Supplies:Police Mall Stn 52.30 credit:items returned/Police Mall Stn -84.89 195.42 119185 10/11/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 568.66 City Vehicle Repair/Maint SVcs 332.53 City Vehicle Repair/Maint SVcs 257.59 City Vehicle Repair/Maint SVcs 243.28 City Vehicle Repair/Maint SVcs 140.52 City Vehicle Repair/Maint SVcs 132.24 City Vehicle Repair/Maint SVcs 99.22 City Vehicle Repair/Maint SVcs 64.31 City Vehicle Repair/Maint SVcs 34.27 City Vehicle Repair/Maint SVcs 34.27 1,906.89 119186 10/11/2007 007959 ONEIL SOFTWARE INC barcode box/location labels: Rcrds Mgmt 117.17 117.17 119187 10/11/2007 011354 OPAMP TECHNICAL BOOKS INC '07 Calif Mechanical Code books:B&S 2,091.31 2,091.31 119188 10/11/2007 002734 P V P COMMUNICATIONS INC Motorcycle Helmet:Police 754.77 754.77 119189 10/11/2007 010012 PARENT PROJECT INC Training supplies:Police 754.78 754.78 119190 10/11/2007 002099 PASCOE MANAGEMENT LLP Oct restroom rental:Old Town 826.00 826.00 119191 10/11/2007 011426 POI FINANCIAL IMPREST refund:fee ovrpmt/28801 Pujol St. 6,744.45 6,744.45 ACCOUNT 119192 10/11/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 46,864.24 Various PWWater Meters 708.62 Various Fire Water Meters 546.48 Sept 01-08-38009-0 Fire stn 92 107.80 Various RDA Water Meters 73.56 48,300.70 119193 10/11/2007 002654 RANCHO FORD LINCOLN City Vehicle Repair:Tcsd Van 650.55 650.55 MERCURY 119194 10/11/2007 011425 RANCHO TEMECULA AUTO refund:Cert.of Occupancy permit 224.00 224.00 PAINTING 119195 10/11/2007 000907 RANCHO TEMECULA CAR WASH Aug City Vehicles Detailing SVcs:Var Opt 397.50 397.50 Page:9 apChkLst Final Check List Page: 10 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119196 10/11/2007 000526 REGENTS OF UNIVERSITY OF Arboriculture/lrrig Mgmt:D.T.lK.H. 12/12 170.00 170.00 CALIF 119197 10/11/2007 002110 RENTAL SERVICE equip rental:PWMaint 16.23 16.23 CORPORATION 119198 10/11/2007 004498 REPUBLIC INTELLIGENT Aug eng SIYcs:PW Traffic Diy 4,505.00 4,505.00 119199 10/11/2007 000352 RIVERSIDE CO ASSESSOR Sep assessor maps:B&S Dept 12.00 12.00 119200 10/11/2007 000353 RIVERSIDE CO AUDITOR August 07 parking citation 9,188.19 9,188.19 119201 10/11/2007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: Sell, Marcy 11.00 11.00 RECORDER 119202 10/11/2007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm:Townsend, Edward 11.00 11.00 RECORDER 119203 10/11/2007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: Walters, Dora 11.00 11.00 RECORDER 119204 10/11/2007 010301 RIVERSIDE CO DISTRICT FY 06/07 Prjt Safe Neighborhoods Prgm 12,793.00 12,793.00 ATTORNEY 119205 10/11/2007 001097 ROADLlNE PRODUCTS INC misc supplies:PW Maint Diy 393.63 393.63 119206 10/11/2007 007233 SAN BERNARDINO, COUNTY OF mtrcycle instr trng:Dep.Harlan 1,159.00 1,159.00 119207 10/11/2007 009746 SIGNS BY TOMORROW Banners:Econ Dey 129.73 129.73 119208 10/11/2007 003804 SKYHAWKS SPORTS ACADEMY TCSD Instructor Earnings 1,091.30 1,091.30 INC 119209 10/11/2007 000645 SMART & FINAL INC recreation supplies:MPSC 265.87 misc supplies:theater 215.28 recreation supplies:MPSC 123.61 Misc Supplies:Human Resources 115.60 Office Supplies:RDA 87.97 misc supplies:theater 86.34 misc. supplies:family fun nite pgrm 85.92 credit:items returned/RDA -5.80 974.79 Page:10 apChkLst Final Check List Page: 11 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119210 10/11/2007 000537 SO CALIF EDISON Sept 2-28-629-0507 Ubrary 13,057.58 Oct 2-05-791-8807 various mtrs 9,582.18 Sept 2-02-351-5281 CRC 9,082.49 Sept 2-29-479-2981 Hghwy 79S 85.49 31,807.74 119211 10/11/2007 000282 SO CALIF MUNICIPAL ATHLETIC SCMAF Institute JW/JLfTZ/HH 10/10 230.00 230.00 119212 10/11/2007 000519 SOUTH COUNTY PEST CONTROL Sep pest control services:City Fac's 541.00 INC Sep pest control services:Parks 493.00 1,034.00 119213 10/11/2007 007851 SOUTH COAST HEATING & AIR Hvac Repair & Maint:Fire Stn 73 4,322.50 HVAC repair & maintstn 84 1,712.00 Hvac Replace Bad Contactor:Tv Chapel 144.00 hvac replace pitted contactor:C.Museum 140.52 6,319.02 119214 10/11/2007 011424 STONE CREEK BIBLE CHURCH refund:sec.deposit/l'v1PSC 7/15/07 150.00 150.00 119215 10/11/2007 003840 STRONGS PAINTING paint 2 walls & downspouts:Fire Stn 92 1,650.00 1,650.00 119216 10/11/2007 000305 TARGET BANK BUS CARD SRVCS Misc Supplies:Harvest Carnival Event 352.67 misc supplies:theater 129.38 misc recreation supplies:TCC 102.84 misc supplies:theater 41.63 misc supplies:theater 29.80 misc supplies:theater 29.24 685.56 119217 10/11/2007 000168 TEMECULA FLOWER CORRAL Sunshine Fund 237.85 237.85 119218 10/11/2007 010848 TEMECULA PLANTSCAPE Sep '07 lease pmt:plants @ library 400.00 400.00 119219 10/11/2007 010362 TEMECULA RESTAURANT Misc kitchen supplies:fire stn 73 203.43 203.43 SUPPLY 119220 10/11/2007 000307 TEMECULA TROPHY COMPANY F.I.T. 51<11 OK custom ribbons 2 x 8 155.45 F.IT 51<110K Trophies & Awards 150.85 F.IT 51<110K engraved plates & awards 45.26 351.56 119221 10/11/2007 010046 TEMECULA VALLEY Aug '07 Bus. Imprv District Asmnts 52,440.05 52,440.05 CONVENTION & 119222 10/11/2007 009194 TEMECULA VALLEY NEWS Sep-Oct display ads:Theater 387.76 387.76 119223 10/11/2007 000306 TEMECULA VALLEY PIPE & plumbing supplies: parks 311.39 311.39 SUPPLY Page:11 apChkLst Final Check List Page: 12 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119224 10/11/2007 004274 TEMECULA VALLEY SECURITY locksmith services:City HalllWest Wing 19.40 19.40 CENTR 119225 10/11/2007 000668 TIMMY D PRODUCTIONS INC audio/video svc:movies in prk 7/6-8/24 10,000.00 audio/video svc:Concert Series 7/5-8123 5,000.00 entertainmentlsound/stage:aglow in prk 2,500.00 OJ service for FIT Finale 9/16 600.00 OJ Services/Middle School Dance 9/28 450.00 18,550.00 119226 10/11/2007 010558 TRADE IN.COM INC Furnishings: Fire Stn 92 483.80 483.80 119227 10/11/2007 005460 U S BANK trustee/fiscal agent srvcs:W.C.lC.Hill 5,300.00 trusteeffiscal agent srvcs:crovvne hill 4,800.00 trustee/fiscal agent srvcs:harveston ii 3,600.00 trustee/fiscal agent srvcs:harveston i 3,300.00 trustee/fiscal agent srvcs:roripaugh 1,850.00 trustee/fiscal agent srvcs:john warner 1,110.00 19,960.00 119228 10/11/2007 007766 UNDERGROUND SERVICE ALERT Sep undrgrnd svcs alert tickets:PW 329.60 329.60 119229 10/11/2007 008517 UNITED SITE SERVICES OF 9/13-10/10 Fence Rental:Main St Bridge 26.40 26.40 CA,INC 119230 10/11/2007 008558 VALLEY OF THE MIST QUILTERS refund:room rental/library 11/6 24.00 refund:room rental/library 12/4 24.00 48.00 119231 10/11/2007 004261 VERIZON Sept xxx-2676 general usage 32.53 32.53 119232 10/11/2007 009663 VERNON LIBRARY SUPPLIES INC CD/DVD RFID Tags: Library 1,616.25 1,616.25 119233 10/11/2007 010399 VOLKER LUTZ ENTERPRISE INC refreshm ents for Theater event 10/4 7,704.13 7,704.13 119234 10/11/2007 000621 WESTERN RIVERSIDE COUNCIL Sept '07 TUMF Payment 142,620.42 142,620.42 OF 119235 10/11/2007 000621 WESTERN RIVERSIDE COUNCIL Rvrsd Co Clean Cities Coalition mbrshp 10,000.00 10,000.00 OF 119236 10/11/2007 008402 WESTERN RIVERSIDE COUNTY Sept '07 MSHCP payment 17,188.95 17,188.95 119237 10/11/2007 002109 WHITE CAP INDUSTRIES INC misc. maint supplies:PW Maint Div 2,911.93 2,911.93 Page:12 apChkLst Final Check List 10/1112007 3:16:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 119238 10/11/2007 011144 WOLFE EATS PIZZA refreshments:civic center mtg 10/4 212.59 119239 10/11/2007 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 168.00 119240 10/11/2007 000348 ZIGLER, GAIL reimb:theater encore/art gallery 184.03 Page: 13 Grand total for UNION BANK OF CALIFORNIA: Check Total 212.59 168.00 184.03 668,276.31 Page:13 apChkLst 10/1112007 3:16:50PM Final Check List CITY OF TEMECULA Page: 14 150 checks in this report. Grand Total All Checks: 668,276.31 Page:14 ITEM NO.4 Approvals City Attorney Director of Finance City Manager ,'~{t,f-'" i CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 23, 2007 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 30667, 30667-1, 30667-2, and 30667-3 (Located southwest of the intersection of Margarita Road and Harveston Way within the Harveston Subdivision) PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30667, 30667-1 30667-2 AND 30667-3) BACKGROUND: Tract Map Nos. 30667, 30667-1,30667-2 and 30667-3 were recorded by the County Recorder on April 28, 2004. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the four maps. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bonds and Labor and Materials Bonds have not been released. The Warranty Bonds will be released at the end of the one-year period in October, 2008. The Labor and Materials Bonds will be released six months into the one-year warranty period in April 2008. The public streets now being accepted by this action are as follows: Tract 30667 Portion of Chatham Lane, Cheverly Court and portion of Springfield Place. Tract 30667-1 Savannah Drive, portion of Augusta Road, and Cumberland Road. Tract 30667-2 St. Augustine Place, Davenport Lane, portion of Augusta Road, and Williston Court. Tract 30667-3 Kennebunk Court, portion of Springfield Place, Charleston Street, and Topsfield Court FISCAL IMPACT: Periodic surface and I or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 07 - with Exhibits "A - B" inclusive. EXHIBIT "A" TO RESOLUTION NO. 2007 - Accepting a certain public street offered to and accepted by the City of Temecula as indicated on Tract Maps 30667, 30667-1,30667-2 and 30667-3 into the City-Maintained Street System as described as follows: Tract Map 30667 1. Lot "A" (Chatham Lane) of said Tract Map No. 30667 2. Lot "B" (Cheverly Court) of said Tract Map No. 30667 3. Lot "C" (portion of Springfield Place) of said Tract Map No. 30667 Tract Map 30667-1 1. Lot "A" (Savannah Drive Lane) of said Tract Map No. 30667-1 2. Lot "B" (portion of Augusta Road) of said Tract Map No. 30667-1 3. Lot "C" (portion of Cumberland Road) of said Tract Map No. 30667-1 4. Lot "D" (portion of Cumberland Road) of said Tract Map No. 30667-1 Tract Map 30667-2 1. Lot "A" (St. Augustine Place) of said Tract Map No. 30667-2 2. Lot "B" (portion of Davenport Lane) of said Tract Map No. 30667-2 3. Lot "C" (portion of Davenport Lane) of said Tract Map No. 30667-2 4. Lot "D" (portion of Augusta Road) of said Tract Map No. 30667-2 5. Lot "E" (Williston Court) of said Tract Map No. 30667-2 Tract Map 30667-2 1. Lot "A" (portion of Kennebunk Court) of said Tract Map No. 30667-3 2. Lot "B" (portion of Kennebunk Court) of said Tract Map No. 30667-3 3. Lot "C" (portion of Springfield Place) of said Tract Map No. 30667-3 4. Lot "D" (portion of Charleston Street) of said Tract Map No. 30667-3 5. Lot "E" (Topsfield Court) of said Tract Map No. 30667-3 RESOLUTION NO. 07 -00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS. 30667,30667-1,30667-2 AND 30667-3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On April 28, 2004, the County Recorder recorded Tract Map Nos. 30667, 30667-1, 30667-2 and 30667-3, in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from Lennar Homes of California, Inc.; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of October, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk \ . 10 ~ 6 ~ 0.. ~~4. o$':E -C"))- ~r\;: 5~5 cnct.- ,&r-" o '"'"" in - - oy..~O ~o~~rr-u \ \ u ~ w w ~ fI) if ~ o '" !E t:- ea ~ UJ " J vi N '5 N 'Ui Ul ~ ~ ~u..l Zi O'ih """'0 '4-:- Og r------ 0 ...J ...-- ~ ". ITEM NO.5 Approvals City Attorney M.(..f/ Director of Finance : / City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 23, 2007 SUBJECT: Consideration of Adoption of Resolutions of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the City's Proposed Pechanga Parkway Improvements, Phase II Project, Project Number PW99-11 PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Carol A. Chiodo, Property Agent RECOMMENDATION: That the City Council: 1. Separately consider each of the following three (3) Resolutions, which are Resolutions of Necessity of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City's Proposed Pechanga Parkway Improvements, Phase II Project, Project Number PW99-11: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN'S 961-010-009 & 961-010-047 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-022 Agenda Report Page 2 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-024) 2. Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt each proposed Resolution of Necessity, each of which requires the City Council's separate consideration and determination. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to each of the proposed Resolutions of Necessity, then City staff recommends that the City Council, in the exercise of its discretion, adopt the proposed Resolutions (each of which requires a 4/5ths vote of the entire Council) and authorize the City Attorney's office to file eminent domain proceedings to acquire the following property interests: y An approximate 3,529 square foot permanent easement on the real property commonly known as 44618 and 44700 Pechanga Parkway, and identified respectively as Assessor's Parcel Numbers 961-010- 009 and 961-010-047 ("Acquiport/Amsdell Property"); y An approximate 3,342 square foot permanent easement on the real property commonly known as 44526 and 44584 Pechanga Parkway, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 961-01 0-024 ("Temecula Creek RV Storage Property") and an approximate 14,980 square foot area the City needs to use temporarily for a period of approximately seven months pursuant to a Temporary Agreement for Possession and Use to facilitate construction of the proposed Project for reconfiguration of the parking lot and driveway construction on the Temecula Creek RV Storage Property; and y An approximate 15,624 square foot permanent easement on the real property that is a vacant lot located on the north side of Pechanga Parkway, south of Temecula Parkway (formerly State Route 79 South), and is identified as Assessor's Parcel Number 961-01 0-022 ("Gaitan Trustees Property"). These real property interests are referred to below collectively as "Subject Property Interests" and are described more particularly in the Exhibits attached to each Resolution of Necessity. Each Resolution also contains a diagram depicting the respective Subject Property Interests. Said Resolutions together with their respective Exhibits are attached hereto and incorporated herein by this reference. 4. If the Resolutions of Necessity are approved, authorize the City Attorney's office and City 1004695.1 Agenda Report Page 3 staff to file and prosecute eminent domain proceedings and to take all necessary steps to deposit with the Court $355,900.00, the amount of probable compensation required by law, for issuance of Orders for Prejudgment Possession. 5. Authorize the City Manager to execute all necessary documents. BACKGROUND AND SUMMARY: Description of Project: The City Council has before it three (3) proposed Resolutions of Necessityforthe acquisition by eminent domain of certain real property interests, consisting of permanent easements for public street and drainage purposes and all uses necessary or convenient thereto on three properties located on Pechanga Parkway. The City seeks to acquire the Subject Property Interests for the proposed Pechanga Parkway Improvements, Phase II Project, City Project No. PW99-11, which is referred to hereafter as the "proposed Project". The proposed Project would widen a 2.7-mile portion of the existing Pechanga Parkway from Temecula Parkway to the intersection of Pechanga Parkway and Pechanga Road. Specifically, the proposed Project would construct full-width street improvements on Pechanga Parkway from Temecula Parkway to Pechanga Road. Full width is 134 feetfrom Temecula Parkway to Via Gilberto and 110 feet from Via Gilberto to Pechanga Road. The proposed Project would install road improvements, including curb, gutter, and storm drain facilities on Pechanga Parkway from Temecula Parkway to Pechanga Road. At the conclusion of the proposed Project, Pechanga Parkway would have varying widths from four (4) to six (6) lanes. The City would construct the proposed Project in cooperation with the California Department of Transportation ("Caltrans") and the Federal Highway Administration ("FHWA"). The City seeks to acquire the Subject Property Interests for a public use, namely public street and drainage purposes, and all uses necessary or convenient thereto in connection with the proposed Project pursuant to the authority conferred upon the City to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401 and 40404, California Code of Civil Procedure Section 1230.Q1 0 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law. As mentioned above, the proposed Project would widen an approximate 2. 7-mile portion of Pechanga Parkway from Temecula Parkway to Pechanga Road consistent with the standards for a Principal Arterial (Temecula Parkway to Via Gilberto) and a Major Arterial (south of Via Gilberto to Pechanga Road) set forth in the Circulation Element of the City's General Plan, which was updated in 2005. The Circulation Element identifies a 134-foot right of way (six lanes) on Pechanga Parkway from Temecula Parkway to Via Gilberto, and a 11 O-foot right of way (four lanes) south of Via Gilberto to Pechanga Road. The proposed Project would widen Pechanga Parkway along the northeastern side to its ultimate right-of-way width of 134 feet between Temecula Parkway and Via Gilberto consistent with the Circulation Element of the General Plan, expanding this section of Pechanga Parkway to six lanes. The proposed Project would also widen Pechanga Parkway along the northeastern side to its ultimate right-of-way width of 110 feet from Via Gilberto to Pechanga Road consistent with the Circulation Element of the General Plan, expanding this section of Pechanga Parkway to four lanes. The proposed Project would also install traffic signals, crosswalks, sidewalks, landscape medians, guardrails, streetlights, curbs and gutters, catch basins with connector pipes and a bike lane in each direction along Pechanga Parkway. In addition, the proposed Project would install a 1004695.1 Agenda Report Page 4 retaining wall along the north side of Pechanga Parkway beginning at the intersection of Rainbow Canyon Road and Pechanga Parkway southeast for approximately 125 feet. The proposed Project would repave existing areas at the intersections of Temecula Parkway, Cupeno Lane, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road, Wolf Creek Drive North (Future) adjacent to Via Consuelo, Wolf Valley Road, Wolf Creek Drive South (Future) northwest of Deer Hollow Way, Deer Hollow Way and Pechanga Road. In addition, the proposed Project would install bicycle lanes and thus provide alternate modes of transportation for the City's residents. Further, the proposed Project would ensure that all intersections within the area of the proposed Project comply with ADA standards for pedestrian crossing. This would improve safety for pedestrians atthese intersections. The proposed Project is needed to improve traffic circulation in this area of the City. Increased development in this area of the City and an increase in patrons of the Pechanga Casino have resulted in traffic congestion and have impacted traffic circulation on Pechanga Parkway. The addition of a traffic lane in each direction would improve traffic conditions at several intersections. Level of Service ("LOS") describes the efficiency and quality of traffic operations. LOS is ranked on a scale of LOS A to LOS F, with LOS A representing excellent efficiency or free-flow traffic and LOS F representing extreme congestion or a forced or breakdown flow. At LOS F, traffic volumes exceed capacity, resulting in jammed intersections. This can result in delays greater than 80 seconds at intersections andlor two-cycle signal waits. The proposed Project would improve the intersection of Pechanga Parkway and Temecula Parkway from LOS F to LOS E. The proposed Project would also improve the intersection of Pechanga Parkway and Rainbow Canyon Road from LOS F to LOS D. It would improve the intersections of Pechanga Parkway and Muirfield Drive from LOS E to LOS C and Pechanga Parkway and Loma Linda Road from LOS D to LOS A. Further, the proposed Project would improve the intersection of Pechanga Parkway and Wolf Valley Road from LOS F to LOS E. The proposed Project would also improve drainage, eliminate flooding and improve traffic safety and efficiency at the above intersections. Absent the construction of the Project, the following intersections would continue to operate at LOS F: Pechanga Parkway and Rainbow Canyon Road and Pechanga Parkway and Temecula Parkway, which is below the LOS D goal established by the Circulation Element of the General Plan. Goal1 of the Circulation Element of the General Plan is to "strive to maintain a LOS D or better at all intersections within the City during peak hours and LOS C or better during non-peak hours." The construction of the proposed improvements bring these intersections to a level of service closer to the LOS D goal set forth in the Circulation Element of the General Plan. By improving the efficiency of traffic circulation as set forth above, the proposed Project would also help to adequately and efficiently accommodate regional travel demand. Goal2 of the Circulation Element is to create a regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. The proposed Project also would help achieve the policies of Goal 3 of the Circulation Element, which is to create an efficient City circulation system through the use of transportation system management and travel demand management services. For example, the proposed Project would provide a comprehensive system of Class 2 bicycle lanes to meet the needs of cyclists traveling to and from work and other destinations within the City consistent with Policy 3.3 of Goal 3 of the Circulation Element. These bicycle lanes would also help meet Goal5 of the Circulation Element, which is to provide safe and efficient alternatives to motorized travel throughout the City. Further, Pechanga Parkway, as principal and major arterials, will not allow for on-street (curbside) parking to minimize traffic conflicts and increase carrying capacity, consistent with Policy 3.2 of Goal 3 of the Circulation Element. As indicated above, increased development in this area of the City and an increase in patrons of the Pechanga Casino have resulted in additional traffic congestion on Pechanga Parkway and have impacted efficiency on Pechanga Parkway. This traffic congestion may increase the risk 1004695.1 Agenda Report Page 5 of traffic accidents. The proposed Project is in the public interest and necessity and is needed to improve safety for both pedestrians and vehicles in this area of the City. The proposed Project would improve traffic circulation and efficiency in this area of the City, benefiting the residents of this area of the City and the community as a whole. As indicated above, the proposed Project is consistent with the Circulation Element of the General Plan. Further, improvement to traffic circulation and efficiency on Pechanga Parkway during peak hour traffic may also consequently have a beneficial effect on the access and response times of emergency vehicles vital to the public health and safety, and thus, benefit the community as a whole. For the reasons set forth above and discussed more fully below, the construction of the proposed Project is needed to ensure that adequate traffic circulation is maintained in this area of the City. Required Findings for Acquisition of Subject Property Interests by Eminent Domain In order to adopt the Resolutions of Necessity for the acquisition by eminent domain of the Subject Property I nterests, the City Council must find and determine with respect to each proposed acquisition that: A. The public interest and necessity require the proposed Project; B. The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests described in each Resolution of Necessity are necessary for the proposed Project; D. The City has made an offer as required by Government Code Section 7267.2 to each of the owners of record of the real property it seeks to acquire. The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. This hearing also does not relate to the entitlement to loss of business goodwill pursuant to Code of Civil Procedure Section 1263.510 or to the amount of business goodwill, if any. The amounts of just compensation and the amount of any goodwill (if any) would be determined in the eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolutions of Necessity. Environmental Analysis The environmental effects of the proposed Project were studied and analyzed pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., the CEQA Guidelines, 14 Cal. Code Regs. S 15000 et seq. ("CEQA Guidelines") and the National Environmental Policy Act ("NEPA"). The environmental effects of the proposed Project were studied in connection with several initial studies pursuant to the requirements of CEQA and the CEQA Guidelines and a Categorical Exclusion ("CE") pursuant to NEPA. The acquisitions of the Subject Property I nterests were studied as an integral part of the I nitial Studies, Negative Declarations, EIRs and the CE prepared in connection with the proposed Project. The City is the lead agency for approval under CEQA and FHWA is the lead agency for approval under NEPA. On April 11 ,2006 the City prepared a Notice of Determination, which was duly filed on April 1004695.1 Agenda Report Page 6 20, 2006 with the County Clerk and Recorder's Office in accordance with CEQA. The Notice of Determination noted that the City approved the proposed Project on March 14, 2006, making the following determinations: (1) The proposed Project will not have a significant effect on the environment. (2) A Negative Declaration was previously prepared and adopted for the proposed Project pursuant to CEQA. The following environmental determinations have been made in the past which have evaluated the proposed Project, or interim improvements to Pechanga Parkway: Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13, 2001. City of Temecula Comprehensive General Plan Update EIR, certified by the Temecula City Council on April 12, 2005. EA 71, a Notice of Exemption adopted by the City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway. EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes. EA89 a Negative Declaration adopted by the City Council on January 8,2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway. (3) Mitigation measures were not made a condition of the approval of the proposed Project. (4) A Statement of Overriding Consideration was not adopted for the proposed Project. (5) Findings were made pursuant to the provisions of CEQA. Concurrently, with the Notice of Determination, the City prepared on April 11, 2006 a Certificate of Fee Exemption (De Minimus Impact Finding) forthe proposed Project. Pursuantto the Certificate of Fee Exemption, the City made the following findings of exemption: (1) The proposed Project consists of the completion of widening improvements to Pechanga Parkway to its ultimate configuration as defined in the City of Temecula General Plan Circulation Element. (2) Several Initial Studies were previously prepared that evaluated the potential for adverse environmental impacts associated that could result from the proposed Project. (3) These previous Initial Studies and prior Negative Declarations and Environmental Impact Reports indicated that no impacts would occur to fish and wildlife resources as a result of the proposed Project and the City of Temecula recommended that a Notice of Determination be prepared for this project exempting this proposed Project from further environmental review pursuant to Section 15161 of the CEQA Guidelines. The City found that Section 15161 applied here because a previous Environmental Impact Report or Negative Declaration has been prepared and it can be determined that the impacts of the proposed Project have been fully disclosed and analyzed by the previous environmental determinations. (No wildlife related 1004695.1 Agenda Report Page 7 mitigation measures were required for this proposed Project). (4) The City of Temecula previously adopted a Negative Declaration or has evaluated the environmental impacts of widening Pechanga Parkway in an EIR for earlier related Projects. The following environmental determinations have been made in the past that have evaluated this proposed Project or interim improvements to Pechanga Parkway: Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13, 2001. City of Temecula Comprehensive General Plan Update EIR, certified by the Temecula City Council on April 12, 2005. EA 71, a Notice of Exemption adopted by the City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway. EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes. EA89 a Negative Declaration adopted by the City Council on January 8,2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway. (5) The City of Temecula believes that the ultimate improvements to Pechanga Parkway were addressed in the previous environmental determinations made for this proposed Project and that there will be no impacts resulting from the proposed Project that have not been addressed and analyzed in these previous reports. In accordance with the requirements of NEPA, Caltrans and FHWA approved a Categorical Exclusion ("CE") for the proposed Project. The Caltrans Environmental Chief Officer and the Caltrans Project ManagerlDLA Engineer approved the CE on March 29, 2007 and on April 3, 2007, respectively. FHWA approved the CE on April 19, 2007. In approving the CE, Caltrans determined that a CE was proper because the proposed Project would not individually or cumulatively have a significant environmental effect and that the proposed Project was excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS). Caltrans' determination was based on the following findings: (i) The proposed Project does not have a significant impact on the environment as defined by NEPA; (ii) The proposed Project does not involve substantial controversy on environmental grounds; (iii) The proposed Project does not involve significant impacts on properties protected by Section 4(f) of the DOT Act or Section 106 of the National Historic Preservation Act; (iv) In non-attainment or maintenance areas for Federal air quality standards: the proposed Project comes from a currently conforming plan and Transportation Improvement Program or is exempt from regional conformity; and (v) The proposed Project is consistent with all Federal, State, and local laws, requirements or administrative determinations relating to the environmental aspects of this action. Based on the evaluation of the proposed Project and statements made in the CE, FHWA determined on April 19, 2007 in accordance with NEPA that the proposed Project meets the criteria of and is properly classified as aCE. Pursuant to the stipulations andlor directions set forth in the Continuation Sheet of the CE, the City is required to implement the Best Available Control Measures as listed in the South Coast Air Quality Management District (SCAQMD) Rule 403 along with the following specific measures to minimize any impacts to air quality: (1) During construction of the proposed improvements, all contractors shall not idle equipment or vehicles more than five minutes in anyone hour; and (2) During construction of the proposed improvements, construction equipment shall be properly and routinely maintained, with repairs completed at an off-site location, as recommended by 1004695.1 Agenda Report Page 8 manufacturer manuals. Caltrans concurred with the findings identified in the required Historical Property Survey Report that there are no cultural resources present within the proposed Project's Area of Potential Effect (APE). Caltrans also concurred with the findings of the supporting Archeological Survey Report that it is unlikely that buried elements of a single known cultural resource site may be located within the APE, and that further, no known cultural resources, either prehistoric or historic, are located elsewhere within the APE. If buried cultural materials are encountered during construction of the proposed Project, the City is required to stop work in the area until a qualified archeologist can evaluate the nature of significance of the find. Additional surveys will be required if the proposed Project changes to include areas not previously surveyed. Based on the results of an April 2006 Environmental Data Resources database search, it is anticipated that the proposed Project has no potential for hazardous waste involvement. Pursuant to the stipulations andlor directions set forth in the Continuation Sheet of the CE, the City is also required to implement the following specific Minimization Measures consistent with the Natural Environment Study, which found minimal impacts: (1) If construction activities occur within 500 feet of Temecula Creek during an avian nesting season (February 1 to August 31), a pre-construction nesting bird survey will be conducted. If nesting raptor species (birds of prey, such as hawks and owls) are found within the 500-foot area or if nesting passerine birds are found within 250 feet of construction activities, a qualified biologist shall monitor the nest closely. If it is found that construction activities disturb the nesting bird behavior, construction activities shall cease until it is determined that the nest(s) islare no longer active. (2) Development of the proposed Project site shall incorporate a comprehensive system of underground drains to handle storm run-off from the proposed Project site. Storm water from the proposed Project site shall be directed to storm drains away from the open space adjacent to the site, if possible. (3) Development plans for the proposed Project site shall be designed to include Water Quality Best Management Practices (BMPs) such as storm drain stenciling, street sweeping, and education. These BMPs will be implemented as part of the storm water pollution prevention measures for the proposed Project, in accordance with all appropriate NPDES requirements. (4) Lighting associated with development of those portions of the proposed Projectthat occur in the immediate vicinity of any existing open space areas andlor Western Riverside County Multi-Species Habitat Conservation Plan (MSHCP) designated conservation areas adjacent to the proposed Project site, shall consist of low- intensity light fixtures fitted with hooded shields. Lighting in these areas shall be of the minimum intensity needed and directed toward intended uses. The level of onsite lighting and lighting fixtures will comply with the applicable requirements and policies of Riverside County Ordinance No. 655. Project lighting shall not intrude into open space conservation areas. (5) Streetlights and other proposed project-related illumination sources shall be positioned, directed, and shielded to avoid "light spill" into any MSHCP conservation areas. Night lighting shall not be used during the course of construction unless necessary. If necessary, the lights shall be directed and shielded to minimize lighting of the surrounding habitat. 1004695.1 Agenda Report Page 9 (6) Landscaping plans for development of the proposed Project shall provide a list of native landscaping materials permitted within the proposed Project area. The proposed Project shall incorporate special edge treatments designed adjacent to open space areas. Landscape buffers shall be incorporated into the proposed Project designs that minimize the intrusion of non-native plant species into natural areas. None of the plant species listed in Section 6.1.4 of the MSHCP shall be used for landscaping of the proposed Project. (7) The proposed Project shall incorporate special edge treatments designed to separate the proposed Project from open space areas. These areas of native landscaping and fencing shall serve to minimize unauthorized public access, domestic animal predation, and illegal trespass and dumping. (8) The proposed Project shall be designed to limit public access into any MSHCP conservation area(s) in the vicinity of the proposed Project site. (9) The proposed Project shall be designed to keep all manufactured slopes within the boundaries of the development footprint and not encroach into proposed land for conservation located within any MSHCP conservation area(s). (10) In accordance with Fuels Management Guidelines on page 6.72 of MSHCP, for new development planned adjacently to all MSHCP conservation areas or other undeveloped areas, brush management shall be incorporated in the development boundaries and shall not encroach into MSHCP conservation areas. Any areas planned with fire-resistant plants must not encroach into any MSHCP conservation area(s). Pursuant to the stipulations andlor directions set forth in the Continuation Sheet of the CE, the City is further required to implement the following specific Minimization Measures consistent with the Noise Study Report: (1) During all project site excavation and grading on-site, the construction contractor(s) shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer's standards. The construction contractor(s) shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest to the proposed Project site. (2) The construction contractor(s) shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the proposed Project site during all proposed Project construction. (3) The construction contractor(s) shall limit all construction-related activities that would result in high noise levels according to the construction hours to be determined by City staff. (4) The construction contractor(s) shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings. 1004695.1 Agenda Report Page 10 (5) The existing 6-foot high sound walls within the adjoining Wolf Creek residential community (Tentative Tracts 29798 and 30264) will be increased to 8-foot high to comply with the Noise Abatement Criteria (NAC). (6) Ensure that all existing sound walls represent a continuous barrier that is free of all decorative cut outs except for weep holes that should be filled with grout or caulking. (7) Continue to require detailed noise impact analysis for any proposed residential development located near Pechanga Parkway. Any such noise study will be expected to identify any specific noise abatement measures that are warranted, in order to create an acceptable exterior noise environment. The proposed acquisitions of the Subject Property Interests were studied as an integral part of the environmental documents discussed above. The above environmental findings are the appropriate findings for the proposed acquisitions of the Subject Property Interests. In connection with the proposed Resolutions of Necessity, City staff on October 2, 2007, reviewed all of the environmental documentation prepared in connection with the proposed Project, including the Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13,2001; the City of Temecula Comprehensive General Plan Update EIR, certified by the Temecula City Council on April 12, 2005; EA 71, a Notice of Exemption adopted by the City of Temecula on August 11,2000 for interim road widening on Pechanga Parkway; EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes; EA 89, a Negative Declaration adopted by the City Council on January 8,2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway, the Traffic Studies prepared in connection with said EIRs, the Noise Study Report for Pechanga Parkway Phase II Street Improvements revised March 12,2007 and all other technical studies prepared in connection with said documents, the Notice of Determination filed with the County Clerk on April 20, 2006, the CE and its Continuation Sheet approved by Caltrans and FHWA pursuant to NEPA, and the Agenda Reports prepared in connection with these environmental documents. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the proposed Project that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisitions of the Subject Property Interests. City's Actions Pursuant to Government Code Section 7260 et seq. As more fully described below, the City of Temecula, pursuant to California Government Code Section 7260 et seq., obtained fair market value appraisals of the Subject Property Interests, set just compensation in accordance with the appraised fair market values, and extended written offers in June 2007, to the owners of record. Following is a brief summary of the City's actions pursuant to Government Code Section 7267.2, in connection with each of the Subject Property Interests: . 44618 and 44700 Pechanga Parkway - APNs 961-010-009 and 961-010-047 (AcquiportlAmsdell Property) Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the approximate 3,529 square foot permanent easement it seeks to acquire from the 1004695.1 Agenda Report Page 11 AcquiportlAmsdell Property and of the larger parcel of which it is a part. The fair market value appraisal used a date of value of June 1,2007. The City set just compensation in accordance with the fair market value and extended a written offer on June 14, 2007 to the owner of record AcquiportlAmsdelllll, a Delaware limited liability company. The City's offer letter included copies of the legal description of the real property interests the City seeks to acquire from the AcquiportlAmsdell Property, a drawing depicting these property interests and the comparable sales data relied on by the appraiser. Pursuant to Code of Civil Procedure Section 1263.025, the City also offered to pay the reasonable costs, up to $5,000.00 (Five Thousand Dollars), for an independent appraisal of these real property interests. The offer letter informed the property owner that by law, an appraiser licensed by the Office of Real Estate Appraisers must prepare the independent appraisal. The property owner was asked to let the City know by July 13, 2007 whether the owner wished to have the City issue this money to the owner for this purpose. It requested the property owner to either forward to the City an invoice from the appraiser identifying the property that is the subject of the appraisal and the fee charged for the appraisal. Alternatively, the property owner was allowed to submit a declaration under penalty of perjury providing the relevant information regarding the appraisal costs and identification of the property that is the subject of the appraisal. The property owners have not submitted either a declaration or invoice as of October 9, 2007. The City's Real Property Agent has negotiated with the property owner on behalf of the City. The City submitted a revised offer letter on August 23, 2007 to the record owner in the course of negotiations, which in part extended the date of expiration of the offer. Although there has been some progress in the negotiations, as of the date of this Agenda Report, there is no agreement on the purchase of the real property interests needed from the AcquiportlAmsdell Property. . 44526 and 44584 Pechanga Parkway - APN 961'{)1 0-024 (Temecula Creek RV Storage Property) Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the approximate 3,342 square foot permanent easement it seeks to acquire from the Temecula Creek RV Storage Property and of the larger parcel of which it is a part, and of the approximate 14,980 square foot area the City needs to use temporarily for a period of approximately seven months pursuant to a Temporary Agreement for Possession and Use to facilitate construction of the proposed Project for reconfiguration of the parking lot and driveway construction. The fair market value appraisal used a date of value of June 1, 2007. The City set just compensation in accordance with the fair market value and extended a written offer on June 14, 2007 to the owner of record Temecula Creek RV Storage, LLC. The City's offer letter included copies of the legal description of the real property interests the City seeks to acquire from the Temecula Creek RV Storage Property, a drawing depicting these property interests and the comparable sales data relied on by the appraiser. Pursuant to Code of Civil Procedure Section 1263.025, the City also offered to pay the reasonable costs, up to $5,000.00 (Five Thousand Dollars), for an independent appraisal of these real property interests. The offer letter informed the property owner that by law, an appraiser licensed by the Office of Real Estate Appraisers must prepare the independent appraisal. The property owner was asked to let the City know by July 13, 2007 whether the owner wished to have the City issue this money to the owner for this purpose. It requested the property owner to either forward to the City an invoice from the appraiser identifying the property that is the subject of the appraisal and the fee charged for the appraisal. Alternatively, the property owner was allowed to submit a declaration under penalty of perjury providing the relevant information regarding the appraisal costs and identification of the property that is the subject of the appraisal. The property owners have not submitted either a declaration or invoice as of October 9, 2007. The City's Real Property Agent has negotiated with the property owner on behalf of the City. 1004695.1 Agenda Report Page 12 The City submitted a revised offer letter on August 23, 2007 to the record owner in the course of negotiations, which in part extended the date of expiration of the offer. Although there has been some progress in the negotiations, as of the date of this Agenda Report, there is no agreement on the purchase of the real property interests needed from the Temecula Creek RV Storage Property. . Vacant lot located on the north side of Pechanga Parkway, south of Temecula Parkway, and is identified as Assessor's Parcel Number 961-010-022 ("Gaitan Trustees Property"). Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the approximate 15,624 square foot permanent easement it seeks to acquire from the Gaitan Trustees Property and of the larger parcel of which it is a part. The fair market value appraisal used a date of value of June 1,2007. The City set just compensation in accordance with the fair market value and extended a written offer on June 14, 2007 to the owner of record Arthur and Julia Gaitan, Trustees of the Gaitan Family Trust Dated June 18, 1993. The City's offer letter included copies of the legal description of the real property interests the City seeks to acquire from the Gaitan Trustees Property, a drawing depicting these property interests and the comparable sales data relied on by the appraiser. Pursuant to Code of Civil Procedure Section 1263.025, the City also offered to pay the reasonable costs, up to $5,000.00 (Five Thousand Dollars), for an independent appraisal of these real property interests. The offer letter informed the property owners that by law, an appraiser licensed by the Office of Real Estate Appraisers must prepare the independent appraisal. The property owners were asked to let the City know by July 13, 2007 whether the owners wished to have the City issue this money to them for this purpose. It requested the property owners to either forward to the City an invoice from the appraiser identifying the property that is the subject of the appraisal and the fee charged for the appraisal. Alternatively, the property owners were allowed to submit a declaration under penalty of perjury providing the relevant information regarding the appraisal costs and identification of the property that is the subject of the appraisal. The property owners have not submitted either a declaration or invoice as of October 9, 2007. The City's Real Property Agent has negotiated with the property owners on behalf of the City. The parties have exchanged several counter-offers and most recently the City submitted to the property owner a revised offer letter on September 19, 2007 in the course of negotiations, which in part extended the date of expiration of the offer. Although there has been some progress in the negotiations, as of the date of this Agenda Report, there is no agreement on the purchase of the real property interests needed from the Gaitan Trustees Property. City's Actions Pursuant to Code of Civil Procedure Section 1245.235 . 44618 and 44700 Pechanga Parkway - APNs 961-010-009 and 961-010-047 (AcquiportlAmsdell Property) Pursuant to California Code of Civil Procedure Section 1245.235, the City sent a letter and notice by first-class mail on October 3,2007 to the record owner AcquiportlAmsdelllll, a Delaware limited liability company advising the owner of the City's intent to consider the adoption of a resolution of necessity at the City Council's meeting of October 23,2007. The notice advised the property owner of its right to appear and object to the proposed adoption of the resolution of necessity if the property owner filed a written request with the City to appear within fifteen (15) days of the date the notice was mailed. As of October 9, 2007, the property owner has not filed such a written request. 1004695.1 Agenda Report Page 13 . 44526 and 44584 Pechanga Parkway - APN 961'{)1 0-024 (Temecula Creek RV Storage Property) Pursuant to California Code of Civil Procedure Section 1245.235, the City sent a letter and notice by first-class mail on October 3, 2007 to the record owner Temecula Creek RV Storage, LLC advising the owner of the City's intent to consider the adoption of a resolution of necessity at the City Council's meeting of October 23,2007. The notice advised the property owner of its right to appear and object to the proposed adoption of the resolution of necessity if the property owner filed a written request with the City to appear within fifteen (15) days of the date the notice was mailed. As of October 9, 2007, the property owner has not filed such a written request. . Vacant lot located on the north side of Pechanga Parkway, south of Temecula Parkway, and is identified as Assessor's Parcel Number 961-010-022 ("Gaitan Trustees Property"). Pursuant to California Code of Civil Procedure Section 1245.235, the City sent a letter and notice by first-class mail on October 3, 2007 to the record owners Arthur and Julia Gaitan, Trustees of the Gaitan Family Trust Dated June 18, 1993 advising the owners of the City's intent to consider the adoption of a resolution of necessity at the City Council's meeting of October 23, 2007. The notice advised the property owners of their right to appear and object to the proposed adoption of the resolution of necessity if the property owners filed a written request with the City to appear within fifteen (15) days of the date the notice was mailed. As of October 9,2007, the property owners have not filed such a written request. Based on the timeline of the proposed Project, it is necessary for the City Council to consider the adoption of the proposed Resolutions of Necessity at this time. As discussed above, this hearing relates to issues A, B, C and D below. A. The Public Interest and Necessity Require the Proposed Project As shown above, the proposed Project would widen a 2.7-mile portion of the existing Pechanga Parkway from Temecula Parkway to the intersection of Pechanga Parkway and Pechanga Road. Specifically, the proposed Project would construct full-width street improvements on Pechanga Parkway from Temecula Parkway to Pechanga Road consistent with the Circulation Element of the General Plan. Full width is 134 feet from Temecula Parkway to Via Gilberto and 110 feetfrom Via Gilberto to Pechanga Road. The proposed Project is necessary to ensure thattraffic circulation and efficiency is improved in this area of the City and to ensure that the goals of the Circulation Element are met. As planned and designed, the proposed Project, would install road improvements, including curb, gutter, and storm drain facilities on Pechanga Parkway from Temecula Parkway to Pechanga Road. At the conclusion of the proposed Project, Pechanga Parkway would have varying widths from four (4) to six (6) lanes. The proposed Project would also install traffic signals, crosswalks, sidewalks, landscape medians, guardrails, streetlights, curbs and gutters, catch basins with connector pipes and a Class 2 bike lane in each direction along Pechanga Parkway. In addition, the proposed Project would install a retaining wall southeast for approximately 125 feet along the north side of Pechanga Parkway beginning at the intersection of Rainbow Canyon Road and Pechanga Parkway. The proposed Project would repave existing areas at the intersections of Temecula Parkway, Cupeno Lane, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road, Wolf Creek Drive North (Future) adjacent to Via Consuelo, Wolf Valley Road, Wolf Creek Drive South (Future) northwest of Deer Hollow Way, Deer Hollow Way and Pechanga Road. In addition, the proposed 1004695.1 Agenda Report Page 14 Project would install bicycle lanes and thus provide alternate modes of transportation to the residents of the City. Further, the proposed Project, as planned and designed, would improve safety for pedestrians by ensuring that all intersections within the area of the proposed Project comply with ADA standards for pedestrian crossing. The proposed Project is needed to improve traffic circulation in this area of the City. Increased development in this area of the City and an increase in patrons the Pechanga Casino have resulted in traffic congestion on Pechanga Parkway. The addition of a traffic lane in each direction would improve traffic conditions at several intersections. It would ensure that the Level of Service is improved from the current LOS F at the intersections of Pechanga Parkway and Rainbow Canyon Road and Pechanga Parkway and Temecula Parkway and Pechanga Parkway and Wolf Valley Road. The current level of service at these intersections is below the LOS D goal established by the Circulation Element of the General Plan. Goal 1 of the Circulation Element of the General Plan is to "strive to maintain a LOS D or better at all intersections within the City during peak hours and LOS C or better during non-peak hours." The improvement of traffic circulation and reduction of traffic congestion at these intersections and along Pechanga Parkway in the Project Area during peak hour traffic may also consequently have a beneficial effect on the access and response times of emergency vehicles vital to the public health and safety, and thus, benefit the community as a whole. By improving the efficiency of traffic circulation as set forth above, the proposed Project would also help to adequately and efficiently accommodate regional travel demand. Goal2 of the Circulation Element is to create a regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. The proposed Project also would help achieve the policies of Goal 3 of the Circulation Element, which is to create an efficient City circulation system through the use of transportation system management and travel demand management services. For example, the proposed Project would provide a comprehensive system of Class 2 bicycle lanes to meet the needs of cyclists traveling to and from work and other destinations within the City consistent with Policy 3.3 of Goal 3 of the Circulation Element. These bicycle lanes would also help meet Goal5 of the Circulation Element, which is to provide safe and efficient alternatives to motorized travel throughout the City. Further, Pechanga Parkway, as a Principal and Major Arterial, will not allow for on-street (curbside) parking to minimize traffic conflicts and increase carrying capacity, consistent with Policy 3.2 of Goal 3 of the Circulation Element. The proposed Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely public street and drainage purposes, and all uses necessary or convenient thereto, is a more necessary public use than the uses to which the public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. B. The Project is Planned and Located in the MannerthatWill be Most Compatible with the Greatest Public Good and the Least Private Injury As discussed above, the proposed Project, as planned and designed, would widen a 2.7- mile portion of the existing Pechanga Parkway from Temecula Parkway to the intersection of Pechanga Parkway and Pechanga Road. Specifically, the proposed Project would construct full- width street improvements on Pechanga Parkway from Temecula Parkway to Pechanga Road consistent with the Circulation Element of the General Plan. Full width is 134 feet from Temecula Parkway to Via Gilberto and 110 feet from Via Gilberto to Pechanga Road. The proposed Project is planned and located in the manner that would ensure that traffic circulation and efficiency is 1004695.1 Agenda Report Page 15 improved in this area of the City benefiting the residents of this area of the City and the community as a whole. Further, as indicated above, the proposed Project is consistent with the Circulation Element of the General Plan. As planned and designed, the proposed Project, would install road improvements, including curb, gutter, and storm drain facilities on Pechanga Parkway from Temecula Parkway to Pechanga Road. At the conclusion of the proposed Project, Pechanga Parkway would have varying widths from four (4) to six (6) lanes. The proposed Project would also install traffic signals, crosswalks, sidewalks, landscape medians, guardrails, streetlights, curbs and gutters, catch basins with connector pipes and a Class 2 bike lane in each direction along Pechanga Parkway. In addition, as planned and designed, the proposed Project would install a retaining wall southeast for approximately 125 feet along the north side of Pechanga Parkway beginning at the intersection of Rainbow Canyon Road and Pechanga Parkway. The proposed Project would repave existing areas at the intersections of Temecula Parkway, Cupeno Lane, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road, Wolf Creek Drive North (Future) adjacent to Via Consuelo, Wolf Valley Road, Wolf Creek Drive South (Future) northwest of Deer Hollow Way, Deer Hollow Way and Pechanga Road. In addition, the proposed Project, as planned and designed, would install bicycle lanes and thus provide alternate modes of transportation to the residents of the City consistent with the Circulation Element. Further, the proposed Project, as planned and designed, would improve safety for pedestrians by ensuring that all intersections within the area of the proposed Project comply with ADA standards for pedestrian crossing. The proposed Project is needed to improve traffic circulation in this area of the City. Increased development in this area of the City and an increase in patrons of the Pechanga Casino have resulted in additional traffic and congestion on Pechanga Parkway. The addition of a traffic lane in each direction would improve traffic conditions at several intersections. It would ensure that the level of service is improved from the current LOS F at the intersections of Pechanga Parkway and Rainbow Canyon Road and Pechanga Parkway and Temecula Parkway and Pechanga Parkway and Wolf Valley Road during peak hour traffic. Absent the construction of the proposed Project, these intersections would continue to operate at LOS F, which is below the LOS D goal established by the Circulation Element of the General Plan. Accordingly, the proposed Project is required for the public health and safety because it would improve traffic circulation and efficiency at these intersections and maintain an acceptable level of service in this area of the City benefiting those traveling on Pechanga Parkway. The improvement of traffic circulation and reduction of traffic congestion at these intersections and along Pechanga Parkway in the Project Area during peak hour traffic may also consequently have a beneficial effect on the access and response times of emergency vehicles vital to the public health and safety, and thus, benefit the community as a whole. By improving the efficiency of traffic circulation as set forth above, the proposed Project would also help to adequately and efficiently accommodate regional travel demand. Goal2 of the Circulation Element is to create a regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. The proposed Project also would help further the policies of Goal 3 of the Circulation Element. Goal 3 of the Circulation Element is to create an efficient City circulation system through the use of transportation system management and travel demand management services. For example, the proposed Project would provide a comprehensive system of Class 2 bicycle lanes to meet the needs of cyclists traveling to and from work and other destinations within the City consistent with Policy 3.3 of Goal 3 of the Circulation Element. These bicycle lanes would also help further Goal5 of the Circulation Element, which is to provide safe and efficient alternatives to motorized travel throughout the City. Further, Pechanga Parkway, as a Principal and Major Arterial, will not allow for on-street (curbside) parking 1004695.1 Agenda Report Page 16 to minimize traffic conflicts and increase carrying capacity, consistent with Policy 3.2 ofGoal3 of the Circulation Element. The proposed Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely public street and drainage purposes, and all uses necessary or convenient thereto, is a more necessary public use than the uses to which the public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. C. The Subject Property Interests Described in Each Resolution of Necessity Are Necessary for the Proposed Project As described above, the proposed Project, as planned and designed, would widen a 2.7 -mile portion of the existing Pechanga Parkway from Temecula Parkway to the intersection of Pechanga Parkway and Pechanga Road consistent with the Circulation Element of the General Plan. It would construct full-width street improvements on Pechanga Parkway from Temecula Parkway to Pechanga Road consistent with the Circulation Element of the General Plan, which provides that full width is 134 feet from Temecula Parkway to Via Gilberto and 110feetfrom Via Gilbertoto Pechanga Road. As planned and designed, the proposed Project, would install road improvements, on Pechanga Parkway from Temecula Parkway to Pechanga Road. Atthe conclusion of the proposed Project, Pechanga Parkway would have varying widths from four (4) to six (6) lanes. The proposed Project would also install traffic signals, crosswalks, sidewalks, landscape medians, guardrails, streetlights, curbs and gutters, catch basins with connector pipes and a bike lane in each direction along Pechanga Parkway. In addition, as planned and designed, the proposed Project would install a retaining wall southeast for approximately 125 feet along the north side of Pechanga Parkway beginning at the intersection of Rainbow Canyon Road and Pechanga Parkway. The proposed Project cannot be constructed without the acquisition of the Subject Property Interests described below: ~ 44618 and 44700 Pechanga Parkway, Temecula (APNs 961-010- 009 and 961-010-047) - The proposed Project requires an approximate 3,529 square foot permanent easement for public street and drainage purposes and all uses necessary or convenient thereto on the AcquiportlAmsdell Property, which is commonly known as 44618 and 44700 Pechanga Parkway, and identified respectively as APNs 961-010-009 and 961-010-047. This property interest is described more particularly in the Exhibits attached to the proposed Resolution of Necessity. ~ 44526 and 44584 Pechanga Parkway, Temecula (APN 961-010- 024) - The proposed Project requires an approximate 3,342 square foot permanent easement for public street and drainage purposes and all uses necessary or convenient thereto on the Temecula Creek RV Storage Property, which is commonly known as 44526 and 44584 Pechanga Parkway, Temecula, and identified as APN 961-010-024. The proposed Project also requires an approximate 14,980 square foot area on the Temecula Creek RV Storage Property that the City needs to use temporarily for a period of approximately seven months pursuant to a Temporary Agreement for Possession and Use to facilitate construction of the proposed Project for reconfiguration of 1004695.1 Agenda Report Page 17 the parking lot and driveway construction. y A vacant lot located on the north side of Pechanga Parkway, south of Temecula Parkway (APN 961-010-022) - The proposed Project requires an approximate 15,624 square foot permanent easement on the Gaitan Trustees Property, which is a vacant lot located on the north side of Pechanga Parkway, south of Temecula Parkway, and is identified as APN 961-010-022. The proposed Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely public street and drainage purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. D. The City has Made the Offer Required by Section 7260 et seq. of the Government Code to the Owners of Record of the Real Property Interests the City Seeks to Acquire As explained more fully above, the City pursuant to Government Code Section 7267.2 obtained fair market value appraisals of the Subject Property Interests, set just compensation in accordance with the appraised fair market values, and extended written offers on June 14, 2007 to the following record owners of the Subject Property Interests: y Portions of44618 and 44700 Pechanga Parkway (APNs 961-010-009 and 961-010- 047) - AcquiportlAmsdelllll, a Delaware limited liability company. y Portions of 44526 and 44584 Pechanga Parkway (APN 961-010-024) - Temecula Creek RV Storage, LLC. y Portions of vacant lot located on the north side of Pechanga Parkway, south of Temecula Parkway (APN 961-010-022) - Arthur and Julia Gaitan, Trustees of the Gaitan Family Trust Dated June 18, 1993. The following documents on file in the City Clerk's Office andlor the Public Works Department, which are referenced in this report, are incorporated in this report by this reference: . Resolutions of Necessity attached hereto . City of Temecula General Plan (updated 2005) . Offer Letters from the City of Temecula to the Record Owners of the Subject Property Interests . Notices Pursuant to Code of Civil Procedure Section 1245.235 from City of Highland to Record Owners of the Subject Property Interests . Street Improvement Plans for Proposed Project . Environmental Documents Relating to Proposed Project, including Notice of Determination and Categorical Exclusion and all documents referenced above in connection with CEQA and NEPA analyses. . Noise Study Report for Proposed Project . Traffic Study Report for Proposed Project 1004695.1 Agenda Report Page 18 FISCAL IMPACT: The Pechanga Parkway Project is included in the current fiscal year CIP document and is funded with multiple funding sources including, AD 159, Wolf Creek CFD, DIF - Streets, a Public Lands & Highways Grant, and a contribution from the Pechanga Indian tribe. The immediate fiscal impact to the City would be the sum of $355,900.00, which would be deposited by the City with the Riverside County Superior Court to obtain Orders for Prejudgment Possession. This represents the amount set by the City Council as just compensation for the Subject Property Interests based on appraisals of the Subject Property Interests that used a date of value of June 1, 2007. 1004695.1 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APNs 961-010-009 & -047) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interest described in Section 3 of this Resolution is to be taken for a public use, namely for public street and drainage purposes and all uses necessary or convenient thereto in connection with the Pechanga Parkway Improvements Project ("Project"), pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and other provisions of law. Section 3. The real property interest the City seeks to acquire is an approximate 3,529 square foot permanent easement for public street and drainage purposes and all uses necessary or convenient thereto on the real property commonly known as 44618 and 44700 Pechanga Parkway, and identified respectively as Assessor's Parcel Numbers 961-010-009 and 961-010-047 ("Subject Property Interest"). The Subject Property Interest is located on the southerly portion of Assessor's Parcel Number 961-010-009. The portion of Assessor's Parcel Number 961-010-047 needed for the Project was dedicated to the City at the time of development of the storage facility on said parcel. The Subject Property Interest is described on Exhibit "A" and depicted on Exhibit "B" to this Resolution. Exhibits "A" and "B" are incorporated herein by this reference. The Subject Property Interest is required for the construction, widening of, and improvements to Pechanga Parkway, which is a public use. Section 4. The Project is consistent with the City's Circulation Element of the General Plan. The Project would widen a 2.7-mile portion of the existing Pechanga Parkway and Temecula Parkway (formerly known as State Highway 79 South) ("Temecula Parkway"), extending south to the intersection of Pechanga Parkway and Pechanga Road. Specifically, the Project would construct full-width street improvements on Pechanga Parkway from Temecula Parkway to Pechanga Road consistent with the Circulation Element of the General Plan. Full width is 134 feet from Temecula Parkway to Via Gilberto and 110 feet from Via Gilberto to Pechanga Road. The Project would install road improvements, including curb, gutter, and storm drain facilities on Pechanga Parkway from Temecula Parkway to Pechanga Road. At the conclusion of the Project, Pechanga Parkway would have varying widths from four (4) to six (6) lanes. The City would construct the Project in cooperation with the California Department of Transportation ("Caltrans") and the Federal Highway Administration ("FHWA"). The Project would also install traffic signals, crosswalks, landscape medians, guardrails, streetlights, curbs and gutters, catch basins with connector pipes and a Class 2 bicycle lane in each direction along Pechanga Parkway. In addition, the Project would install a retaining wall southeast for approximately 125 feet along the north side of Pechanga Parkway beginning at the intersection of Rainbow Canyon Road and Pechanga Parkway. The Project would repave existing areas at the intersections of Temecula Parkway, Cupeno Lane, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road, Wolf Creek Drive North (Future) adjacent to Via Consuelo, Wolf Valley Road, Wolf Creek Drive South (Future) northwest of Deer Hollow Way, Deer Hollow Way and Pechanga Road. As mentioned above, the Project, as planned and designed, would install Class 2 bicycle lanes and thus provide alternate modes of transportation for the City's residents. Further, the Project, as planned and designed, would improve safety for pedestrians by ensuring that all intersections within the Project area comply with ADA standards for pedestrian crossing. The Project is needed to improve traffic circulation and efficiency in this area of the City. Increased development in this area of the City and an increase in patrons of the Pechanga Casino have resulted in increased traffic congestion on Pechanga Parkway. The addition of a traffic lane in each direction will improve traffic conditions and improve the level of service ("LOS") at the intersections of Pechanga Parkway and Temecula Parkway, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road and Wolf Valley Road. Absent the Project, the LOS at the intersections of Pechanga Parkway and Temecula Parkway and Pechanga Parkway and Rainbow Canyon Road and Pechanga Parkway and Wolf Valley Road would continue to operate at LOS F during peak hour traffic, which is below the LOS D goal set forth in the Circulation Element of the General Plan. Goal 1 of the Circulation Element is to "strive to maintain a LOS D or better at all intersections within the City during peak hours and LOS C or better during non-peak hours." The construction of the Project helps to achieve this goal. By improving the efficiency of traffic circulation as set forth above, the Project would also help to adequately and efficiently accommodate regional travel demand. Goal 2 of the Circulation Element is to create a regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. The Project also would help achieve the policies of Goal 3 of the Circulation Element, which is to create an efficient City circulation system through the use of transportation system management and travel demand management services. For example, the Project would provide a comprehensive system of Class 2 bicycle lanes to meet the needs of cyclists traveling to and from work and other destinations within the City consistent with Policy 3.3 of Goal 3 of the Circulation Element. These bicycle lanes would also help meet Goal 5 of the Circulation Element, which is to provide safe and efficient alternatives to motorized travel throughout the City. Further, Pechanga Parkway, as a Principal and Major arterial, would not allow for on-street (curbside) parking to minimize traffic conflicts and increase carrying capacity, consistent with Policy 3.2 of Goal 3 of the Circulation Element. The above improvements would further the public health and safety by ensuring adequate traffic circulation in this area of the City and, thus, would prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it would improve efficiency and the level of service along Pechanga Parkway. The Project is needed to meet the demands of increased traffic volumes in this area of the City. The increase in traffic has the potential of increasing traffic delays and increasing the risk of traffic accidents. The improvement of traffic circulation and reduction in traffic congestion along Pechanga Parkway may also consequentially have a beneficial effect on the access and response times of emergency vehicles vital to the public health and safety, and thus, benefit the community as a whole. Section 5. The environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., the CEQA Guidelines, 14 Cal. Code Regs. S 15000 et seq. ("CEQA Guidelines") and the National Environmental Policy Act ("NEPA"). The environmental effects of the Project were studied in connection with several initial studies pursuant to the requirements of CEQA and the CEQA Guidelines and a Categorical Exclusion ("CE") pursuant to NEPA The acquisitions of the Subject Property Interests were studied as an integral part of the Initial Studies, Negative Declarations, Environmental Impact Reports and the CE prepared in connection with the Project. The City is the lead agency for approval under CEQA and FHWA is the lead agency for approval under NEPA On April 11 ,2006 the City prepared a Notice of Determination, which was duly filed on April 20, 2006 with the County Clerk and Recorder's Office in accordance with CEQA The Notice of Determination noted that the City approved the Project on March 14, 2006, and made the following determinations: (a) The Project will not have a significant effect on the environment. (b) A Negative Declaration was previously prepared and adopted for the Project pursuant to CEQA The following environmental determinations have been made in the past which have evaluated the Project, or interim improvements to Pechanga Parkway: . Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13, 2001. . City of Temecula Comprehensive General Plan Update EIR, certified by the Temecula City Council on April 12, 2005. . EA 71, a Notice of Exemption adopted by the City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway. . EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes. . EA89 a Negative Declaration adopted by the City Council on January 8, 2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway. (c) Mitigation measures were not made a condition of the approval of the Project. (d) A Statement of Overriding Consideration was not adopted for the Project. (e) Findings were made pursuant to the provisions of CEQA. Concurrently, with the Notice of Determination, the City prepared on April 11 , 2006 a Certificate of Fee Exemption (De Minimus Impact Finding) for the Project, which is incorporated herein by this reference. In accordance with the requirements of NEPA, Caltrans and FHWA approved a Categorical Exclusion ("CE") for the Project. The Caltrans Environmental Chief Officer and the Caltrans Project ManagerlDLA Engineer approved the CE on March 29, 2007 and on April 3, 2007, respectively. FHWA approved the CE on April 19, 2007. In approving the CE, Caltrans determined that a CE was proper because the Project would not individually or cumulatively have a significant environmental effect and that the Project was excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS). Caltrans' determination was based on the following findings: (a) The Project does not have a significant impact on the environment as defined by NEPA; (b) The Project does not involve substantial controversy on environmental grounds; (c) The Project does not involve significant impacts on properties protected by Section 4(f) of the DOT Act or Section 106 of the National Historic Preservation Act; (d) In non-attainment or maintenance areas for Federal air quality standards: the Project comes from a currently conforming plan and Transportation Improvement Program or is exempt from regional conformity; and (e) The Project is consistent with all Federal, State, and local laws, requirements or administrative determinations relating to the environmental aspects of this action. Based on the evaluation of the Project and statements made in the CE, FHWA determined on April 19, 2007 in accordance with NEPA that the Project meets the criteria of and is properly classified as aCE. On October 2, 2007, City staff reviewed all of the environmental documentation prepared in connection with the Project in connection with the Resolution of Necessity, including the Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13, 2001; the City of Temecula Comprehensive General Plan Update EI R, certified by the Temecula City Council on April 12, 2005; EA 71 , a Notice of Exemption adopted by the City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway; EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes; EA 89, a Negative Declaration adopted by the City Council on January 8, 2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway, the Traffic Studies prepared in connection with said EIRs, the Noise Study Report for Pechanga Parkway Phase II Street Improvements revised March 12, 2007 and all other technical studies prepared in connection with said documents, the CE and its Continuation Sheet, and the Agenda Reports prepared in connection with these environmental documents. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest. All of the above- referenced environmental documents are incorporated herein by this reference. Section 6. Pursuant to Government Code Section 7267.2, the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the fair market value and extended a written offer on June 14, 2007 to the record owner. The City's offer letter also offered to pay to the property owner the reasonable costs, up to $5,000.00 (Five Thousand Dollars) for an independent appraisal of the Subject Property Interest pursuant to Code of Civil Procedure Section 1263.025. Section 7. The City provided notice to the record owners pursuant to Code of Civil Procedure Section 1245.235 of its decision to consider the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interest. Section 8. The public use for which the City seeks to acquire the Subject Property Interest, namely public street and drainage purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interest and are affected by the Project. Section 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein, the City Council hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interest described in Exhibit "A" and depicted on Exhibit "B" hereto is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interest it seeks to acquire. Section 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony andlor comments submitted to the City by the record owner and or its representative(s). These documents include, but are not limited to, the General Plan; the Circulation Element; the street plans for the Project, the environmental documents referenced above and in the Agenda Report, including the Notice of Determination and Categorical Exclusion approved by the Federal Highway Administration and the California Department of Transportation pursuant to NEPA; the offer letter sent to the property owner pursuant to Code of Civil Procedure Section 1245.235; the revised offer letter sent to the property owner; and the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City's intent to consider the adoption of the Resolution of Necessity. Section 11. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described in Exhibit "A" and depicted on Exhibit "B" attached hereto and to take all steps necessary to deposit with the Court the amount of probable compensation required by law for the issuance of an Order for Prejudgment Possession. Section 12. The City Council of the City of Temecula hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 23rd day of October 2007. Chuck Washington, Mayor Attest: Susan W. Jones, MMC City Clerk PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of October, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" Being a portion of Parcel 3 of Parcel Map No. 11984, in the City ofTemecula, County of Riverside, State of California, as filed in Book 67, Page 87, of Parcel Maps in the office of the County Recorder of said County, being more particularly described as follows: BEGINNING at the southwest parcel corner of said Parcel 3, said corner being distant 55.00 feet measured at a right angle to the centerline ofPechanga Parkway (formerly known as Pala Road); thence North 42015' 24" East a distance of24.00 feet to a point being distant 79.00 feet measured at a right angle from said centerline; thence South 47044' 36" East a distance of 147.12 feet, said course being parallel and distant 79.00 feet measured at a right angle from said centerline, to a point in the easterly parcel line of said Parcel 3; thence South 420 31' 55" West along said parcel line a distance of 24.00 feet to the southeast corner of said Parcel 3, said point also being in the northeasterly right-of-way line of said Pechanga Parkway (formerly known as Pala Road); thence North 470 44' 36" West along said right-of-way line and southerly parcel line of said Parcel 3 being parallel and distant 55.00 feet measured at a right angle from said centerline, a distance of 147.00 feet to the POINT OF BEGumllo/G. Contains 3,529 square feet, more or less. See EXHIBIT "B", attached. EXHIBIT liB II NO CD cv CURVE DATA TABLE RADIUS DELTA LENGTH 1975.00' 5'08'03" 176.97' 2055.00' 4' 10' 56" 1 150.00' N N en <So ..- { \ \ \ ~ " 1 "'I :"1 8;'-, . 1-0: '" - 010 zli;f 1 1 '" '"" '" " 1 ;;;1 ;01 -I~ 'bf~ -'0 ~fC? ..~ cif : TANGENT 1 88.55'1 75.03' 1 !.U N C> .... N ~. NOTE: . <0 C> ;z PARCEL 3 PARCEL MAP NO. 11984 P.M.B. 67 / 87 PARCEL DIMENSIONS SHOWN PER PARCEL MAP NO. 11984 P.M.B. 67 / 87. II POINT OF BEGIN ib ", ~~"'~ ~A". ~ ...,.Ai , o4'...~...y~ , '12 "9".A VA , 17- ...~)-..., ',,y .0 ib ','9',>. ~(., ~ ~ ":'9'~ 4'0 ...,. ~ '.6'., ~b ... ~4'} ~ \~~ ...." ~ c., -0- EXISTING RIGHT-OF-WAY LINE (L~ PREPARED BY: DIVUVI t -, '" U') N 10 '..c !o lex: I t iX 'l- I- i:e \eI) \x \..c ,- \0 IUJ iO 'UJ 55' \.., - "'l \ \ , \ \ , \ \ , \ \ '" '" o '" ;.., o :z: SCALE: I" = 100' AREA OF TAKE Daniel. Monn, Johnson & Mendenhall 999 Town & Count~y Rood Orange, CalIfornIa 9286B 1714l 245-9660 RESOLUTION NO. 07- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-022) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interest described in Section 3 of this Resolution is to be taken for a public use, namely for public street and drainage purposes and all uses necessary or convenient thereto in connection with the Pechanga Parkway Improvements Project ("Project"), pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and other provisions of law. Section 3. The real property interest the City seeks to acquire is an approximate 15,624 square foot permanent easement for public street and drainage purposes and all uses necessary or convenient thereto on the vacant lot located on the north side of Pechanga Parkway, south of State Highway 79 identified as Assessor's Parcel Number 961-010-022 ("Subject Property Interest"). The Subject Property Interest is described on Exhibit "A" and depicted on Exhibit "B" to this Resolution. Exhibits "A" and "B" are incorporated herein by this reference. The Subject Property Interest is required for the construction, widening of, and improvements to Pechanga Parkway, which is a public use. Section 4. The Project is consistent with the City's Circulation Element of the General Plan. The Project would widen a 2.7-mile portion of the existing Pechanga Parkway and Temecula Parkway (formerly known as State Route 79 South) ("Temecula Parkway"), extending south to the intersection of Pechanga Parkway and Pechanga Road. Specifically, the Project would construct full-width street improvements on Pechanga Parkway from Temecula Parkway to Pechanga Road consistent with the Circulation Element of the General Plan. Full width is 134 feet from Temecula Parkway to Via Gilberto and 110 feet from Via Gilberto to Pechanga Road. The Project would install road improvements, including curb, gutter, and storm drain facilities on Pechanga Parkway from Temecula Parkway to Pechanga Road. At the conclusion of the Project, Pechanga Parkway would have varying widths from four (4) to six (6) lanes. The City would construct the Project in cooperation with the California Department of Transportation ("Caltrans") and the Federal Highway Administration ("FHWA"). The Project would also install traffic signals, crosswalks, landscape medians, guardrails, streetlights, curbs and gutters, catch basins with connector pipes and a Class 2 bicycle lane in each direction along Pechanga Parkway. In addition, the Project would install a retaining wall southeast for approximately 125 feet along the north side of Pechanga Parkway beginning at the intersection of Rainbow Canyon Road and Pechanga Parkway. The Project would repave existing areas at the intersections of Temecula Parkway, Cupeno Lane, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road, Wolf Creek Drive North (Future) adjacent to Via Consuelo, Wolf Valley Road, Wolf Creek Drive South (Future) northwest of Deer Hollow Way, Deer Hollow Way and Pechanga Road. As mentioned above, the Project, as planned and designed, would install Class 2 bicycle lanes and thus provide alternate modes of transportation for the City's residents. Further, the Project, as planned and designed, would improve safety for pedestrians by ensuring that all intersections within the Project area comply with ADA standards for pedestrian crossing. The Project is needed to improve traffic circulation and efficiency in this area of the City. Increased development in this area of the City and an increase in patrons of the Pechanga Casino have resulted in increased traffic congestion on Pechanga Parkway. The addition of a traffic lane in each direction will improve traffic conditions and improve the level of service ("LOS") at the intersections of Pechanga Parkway and Temecula Parkway, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road and Wolf Valley Road. Absent the Project, the LOS at the intersections of Pechanga Parkway and Temecula Parkway and Pechanga Parkway and Rainbow Canyon Road and Pechanga Parkway and Wolf Valley Road would continue to operate at LOS F during peak hour traffic, which is below the LOS D goal set forth in the Circulation Element of the General Plan. Goal 1 of the Circulation Element is to "strive to maintain a LOS D or better at all intersections within the City during peak hours and LOS C or better during non-peak hours." The construction of the Project helps to achieve this goal. By improving the efficiency of traffic circulation as set forth above, the Project would also help to adequately and efficiently accommodate regional travel demand. Goal 2 of the Circulation Element is to create a regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. The Project also would help achieve the policies of Goal 3 of the Circulation Element, which is to create an efficient City circulation system through the use of transportation system management and travel demand management services. For example, the Project would provide a comprehensive system of Class 2 bicycle lanes to meet the needs of cyclists traveling to and from work and other destinations within the City consistent with Policy 3.3 of Goal 3 of the Circulation Element. These bicycle lanes would also help meet Goal 5 of the Circulation Element, which is to provide safe and efficient alternatives to motorized travel throughout the City. Further, Pechanga Parkway, as a Principal and Major arterial, would not allow for on-street (curbside) parking to minimize traffic conflicts and increase carrying capacity, consistent with Policy 3.2 of Goal 3 of the Circulation Element. The above improvements would further the public health and safety by ensuring adequate traffic circulation in this area of the City and, thus, would prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it would improve efficiency and the level of service along Pechanga Parkway. The Project is needed to meet the demands of increased traffic volumes in this area of the City. The increase in traffic has the potential of increasing traffic delays and increasing the risk of traffic accidents. The improvement of traffic circulation and reduction in traffic congestion along Pechanga Parkway may also consequentially have a beneficial effect on the access and response times of emergency vehicles vital to the public health and safety, and thus, benefit the community as a whole. Section 5. The environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., the CEQA Guidelines, 14 Cal. Code Regs. S 15000 et seq. ("CEQA Guidelines") and the National Environmental Policy Act ("NEPA"). The environmental effects of the Project were studied in connection with several initial studies pursuant to the requirements of CEQA and the CEQA Guidelines and a Categorical Exclusion ("CE") pursuant to NEPA The acquisitions of the Subject Property Interests were studied as an integral part of the Initial Studies, Negative Declarations, Environmental Impact Reports and the CE prepared in connection with the Project. The City is the lead agency for approval under CEQA and FHWA is the lead agency for approval under NEPA On April 11 ,2006 the City prepared a Notice of Determination, which was duly filed on April 20, 2006 with the County Clerk and Recorder's Office in accordance with CEQA The Notice of Determination noted that the City approved the Project on March 14, 2006, and made the following determinations: (a) The Project will not have a significant effect on the environment. (b) A Negative Declaration was previously prepared and adopted for the Project pursuant to CEQA The following environmental determinations have been made in the past which have evaluated the Project, or interim improvements to Pechanga Parkway: . Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13, 2001. . City of Temecula Comprehensive General Plan Update EIR, certified by the Temecula City Council on April 12, 2005. . EA 71, a Notice of Exemption adopted by the City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway. . EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes. . EA89 a Negative Declaration adopted by the City Council on January 8, 2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway. (c) Mitigation measures were not made a condition of the approval of the Project. (d) A Statement of Overriding Consideration was not adopted for the Project. (e) Findings were made pursuant to the provisions of CEQA. Concurrently, with the Notice of Determination, the City prepared on April 11, 2006 a Certificate of Fee Exemption (De Minimus Impact Finding) for the Project, which is incorporated herein by this reference. In accordance with the requirements of NEPA, Caltrans and FHWA approved a Categorical Exclusion ("CE") for the Project. The Caltrans Environmental Chief Officer and the Caltrans Project ManagerlDLA Engineer approved the CE on March 29, 2007 and on April 3, 2007, respectively. FHWA approved the CE on April 19, 2007. In approving the CE, Caltrans determined that a CE was proper because the Project would not individually or cumulatively have a significant environmental effect and that the Project was excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS). Caltrans' determination was based on the following findings: (a) The Project does not have a significant impact on the environment as defined by NEPA; (b) The Project does not involve substantial controversy on environmental grounds; (c) The Project does not involve significant impacts on properties protected by Section 4(f) of the DOT Act or Section 106 of the National Historic Preservation Act; (d) In non-attainment or maintenance areas for Federal air quality standards: the Project comes from a currently conforming plan and Transportation Improvement Program or is exempt from regional conformity; and (e) The Project is consistent with all Federal, State, and local laws, requirements or administrative determinations relating to the environmental aspects of this action. Based on the evaluation of the Project and statements made in the CE, FHWA determined on April 19, 2007 in accordance with NEPA that the Project meets the criteria of and is properly classified as aCE. On October 2, 2007, City staff reviewed all of the environmental documentation prepared in connection with the Project in connection with the Resolution of Necessity, including the Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13, 2001; the City of Temecula Comprehensive General Plan Update EI R, certified by the Temecula City Council on April 12, 2005; EA 71 , a Notice of Exemption adopted by the City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway; EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes; EA 89, a Negative Declaration adopted by the City Council on January 8, 2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway, the Traffic Studies prepared in connection with said EIRs, the Noise Study Report for Pechanga Parkway Phase II Street Improvements revised March 12, 2007 and all other technical studies prepared in connection with said documents, the CE and its Continuation Sheet, and the Agenda Reports prepared in connection with these environmental documents. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest. All of the above- referenced environmental documents are incorporated herein by this reference. Section 6. Pursuant to Government Code Section 7267.2, the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the fair market value and extended a written offer on June 14, 2007 to the record owner. The City's offer letter also offered to pay to the property owner the reasonable costs, up to $5,000.00 (Five Thousand Dollars) for an independent appraisal of the Subject Property Interest pursuant to Code of Civil Procedure Section 1263.025. Section 7. The City provided notice to the record owners pursuant to Code of Civil Procedure Section 1245.235 of its decision to consider the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interest. Section 8. The public use for which the City seeks to acquire the Subject Property Interest, namely public street and drainage purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project. Section 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein, the City Council hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interest described in Exhibit "A" and depicted on Exhibit "B" hereto is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interest it seeks to acquire. Section 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owner and or its representative(s). These documents include, but are not limited to, the General Plan; the Circulation Element; the street plans for the Project, the environmental documents referenced above and in the Agenda Report, including the Notice of Determination and Categorical Exclusion approved by the Federal Highway Administration and the California Department of Transportation pursuant to NEPA; the offer letter sent to the property owner pursuant to Code of Civil Procedure Section 1245.235; the revised offer letter sent to the property owner; and the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City's intent to consider the adoption of the Resolution of Necessity. Section 11. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described in Exhibit "A" and depicted on Exhibit "B" attached hereto and to take all steps necessary to deposit with the Court the amount of probable compensation required by law for issuance of an Order for Prejudgment Possession. Section 12. The City Council of the City of Temecula hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 23rd day of October 2007. Chuck Washington, Mayor Attest: Susan W. Jones, MMC City Clerk PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of October, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXIllBIT "A" Being a portion of Parcel I of Parcel Map No. 11984, in the City ofTemecula, County of Riverside, State of California, as filed in Book 67, Page 87, of Parcel Maps in the office of the County Recorder of said County, being more particularly described as follows: COMMENCING at the most westerly parcel corner of said Parcell, said corner being distant 55:00 feet measured at aright angle to the centerline ofPechanga Parkway (formerly known as Pechanga Parkway (formerly known as Pala Road)); thence North 830 28' 04" East along the northerly parcel line of said Parcell, a distance of 22.78 feet to the POINT OF BEGINNING, said course being described in a deed recorded December 23, 1998 as Instrument No. 556763 in the office of said County Recorder; thence North 830 28' 04" East along the northerly parcel line of said Parcell, a distance of 29.20 feet to a point on a 1,941.00 foot radius non-tangent curve concave to the northeast from which the radius point of said curve bears North 260 44' 44" East; thence southeasterly 59.74 feet along the arc of said 1,941.00 foot radius, having a Central Angle of 1045' 48", to a point of reverse curvature, said point also being on a 2,429.00 foot radius tangent curv'e concave to the southwest from which the radius point of said curve bears South 240 58' 56" West, said point also being distant 79.00 feet measured at a right angle from said centerline; thence continuing southeasterly 589.38 feet along the arc of said 2,429.00 foot radius curve, having a Central Angle of]3O 54' 09", to a point in the easterly parcel line of said Parcell, said line being parallel and distant 79.00 feet measured at a right angle from said centerline; thence South 040 22' 55" West a distance of29.19 feet along said easterly parcel line to the most southerly parcel corner of said Parcel I, said point also being on the said northeasterly right-of- way line and also on a 2,405.00 foot radius non-tangent curve concave to the southwest, the radius point of which bears South 390 16' 43" West, said point being distant 55.00 feet measured at a right angle from said centerline; thence northwesterly 530.02 feet along the arc of said 2,405.00 foot radius curve, having a Central Angle of 12037' 37", being along the southerly parcel line of said Parcell and said right- of-way line parallel and distant 55.00 feet measured at a right angle to the said centerline, to a point in a 1,945.00 foot radius non-tangent curve concave to the northeast, the radius point of which bears North 260 38' 46" East; thence northwesterly 155.1 0 feet along the arc of said 1,945.00 foot radius curve, having a Central Angle of 4034' 10", said course being described in said deed recorded December 23, 1998, to the POINT OF BE\.dl~l~li~G. Contains 15,624 square feet, more or less. See EXHIBIT "B", attached. EXHIBIT -POINT OF BEGINNING 'v' ,. . I ~ 'VI ~ I <C I ,l:.i-t ,V)j ~/ CVI .. / ..'I ~/~ ':;'/~ I~ ~ /~ ~/fis /~ / / J 1 rl ~ 22. 78' I/ -. 29.20 ..... I I I ..... I ;"'1-. . I ..... ~I . I ';;;1 '/~ ~/~ t.?/~ 'Q' I I ..... I . I ~7' ~I ..... ~/ ......... "- . I ~I . I ~/~ v,/~ 'Q' ..... - PARCEL LI NE PER A DEED RECORDED DECEMBER 23, 1998 AS INSTRUMENT NO. 556763 OF OFFICIAL RECORDS RIVERSIDE CDUNTY, CALIFORNIA CURVE DATA TABLE NO RADIUS DELTA -(0 1975.00' 2.22'44" (1) 2405.00' 12.37'35" - (3) 12429.00' 13.54' 09" I (4) II 94 I. 00' 1.45' 48" I @11945.00' 4.34' 10" 1~ N 83. ZB' 04" E -r;;; , I :;? REVERSE . I ~I CURVATURE <0/", "'I' ~$ liB II 557. 15' -. CJJ - PARCEL 1 PARCEL MAP NO. 11984 P.M.B. 67 / 87 PARCEL LINE PER LOT LINE ADJUSTMENT NO. 1639, RECORDED APR I L 8, 1983 AS INSTRUMENT NO. 66647 OF OFFICIAL RECORDS RIVERSIDE COUNTY, CALIFORNIA /.) .......... 2 ~"........... iY-1/ft. ~. ~O (J A .... ~.,,~~ ,., .... /-1< ~~ v~ I>~ /.) A..... le,y/: (~ ~ "'4~ '0, 'or'lf; o~() 'Tj-, /4. ", "4;- ( "y ' /4'" -1 Y "" I I " I , I '* >:. ~ / ""- ,;;'/ " ,'0/ " . I ' ~/~ c., I$)' /<it . , <r o t/) / / / / ~ 1 ~, \ '-', -' \ :'\ ~I ~\ cr-,\ ~ \ ~~~ o,Si \ ""DO \ \ \ \ \ ~ l(") l(") N N LENGTH TANGENT. 82.00' 41.01' 529.99' 266.oB'1 589.38' 1296. 15'1 59.74' I 29.87' I 155.12' I 77.60' I ORIGINAL PARCEL LI NES " --\i~ NOTE: PARCEL DIMENSIONS SHOWN PER PARCEL MAP NO. 11984 P.M.B. 67/87. " SCALE: I" = 100' PREPARED BY: DMJNI AREA OF TAKE Dan I e [. Monn, Johnson '& Mendenho I I 999 Town '& Coun+~y Rood Orange. CalIfornIa 92868 (714) 245-9660 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-024) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for public street and drainage purposes and all uses necessary or convenient thereto in connection with the Pechanga Parkway Improvements Project ("Project"), pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and other provisions of law. Section 3. The real property interests the City seeks to acquire are an approximate 3,342 square foot permanent easement for public street and drainage purposes and all uses necessary or convenient thereto on the real property commonly known as 44526 and 44584 Pechanga Parkway, and identified as Assessor's Parcel Number 961-010-024 ("larger parcel") and an approximate 14,980 square foot area on the larger parcel for temporary purposes in connection with a Temporary Agreement for Possession and Use. The City seeks to use this approximate 14,980 square foot area for approximately seven months to facilitate the construction of the Project for reconfiguration of the parking lot and driveway construction. The approximate 3,342 square foot permanent easement and the approximate 14,980 square foot area for temporary purposes are referred to below collectively as Subject Property Interests. The approximate 3,342 square foot area is described on Exhibit "A" and depicted on Exhibit "B" to this Resolution. The approximate 14,980 square foot area for temporary purposes is depicted on Exhibit "c" to this Resolution. Exhibits "A", "B" and "c" are incorporated herein by this reference. The Subject Property Interests are required for the construction, widening of, and improvements to Pechanga Parkway, which is a public use. Section 4. The Project is consistent with the City's Circulation Element of the General Plan. The Project would widen a 2.7-mile portion of the existing Pechanga Parkway and Temecula Parkway (formerly known as State Highway 79 South) ("Temecula Parkway"), extending south to the intersection of Pechanga Parkway and Pechanga Road. Specifically, the Project would construct full-width street improvements on Pechanga Parkway from Temecula Parkway to Pechanga Road consistent with the Circulation Element of the General Plan. Full width is 134 feet from Temecula Parkway to Via Gilberto and 110 feet from Via Gilberto to Pechanga Road. The Project would install road improvements, including curb, gutter, and storm drain facilities on Pechanga Parkway from Temecula Parkway to Pechanga Road. At the conclusion of the Project, Pechanga Parkway would have varying widths from four (4) to six (6) lanes. The City would construct the Project in cooperation with the California Department of Transportation ("Caltrans") and the Federal Highway Administration ("FHWA"). The Project would also install traffic signals, crosswalks, landscape medians, guardrails, streetlights, curbs and gutters, catch basins with connector pipes and a Class 2 bicycle lane in each direction along Pechanga Parkway. In addition, the Project would install a retaining wall southeast for approximately 125 feet along the north side of Pechanga Parkway beginning at the intersection of Rainbow Canyon Road and Pechanga Parkway. The Project would repave existing areas at the intersections of Temecula Parkway, Cupeno Lane, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road, Wolf Creek Drive North (Future) adjacent to Via Consuelo, Wolf Valley Road, Wolf Creek Drive South (Future) northwest of Deer Hollow Way, Deer Hollow Way and Pechanga Road. As mentioned above, the Project, as planned and designed, would install Class 2 bicycle lanes and thus provide alternate modes of transportation for the City's residents. Further, the Project, as planned and designed, would improve safety for pedestrians by ensuring that all intersections within the Project area comply with ADA standards for pedestrian crossing. The Project is needed to improve traffic circulation and efficiency in this area of the City. Increased development in this area of the City and an increase in patrons of the Pechanga Casino have resulted in increased traffic congestion on Pechanga Parkway. The addition of a traffic lane in each direction will improve traffic conditions and improve the level of service ("LOS") at the intersections of Pechanga Parkway and Temecula Parkway, Rainbow Canyon Road, Muirfield Drive, Loma Linda Road and Wolf Valley Road. Absent the Project, the LOS at the intersections of Pechanga Parkway and Temecula Parkway and Pechanga Parkway and Rainbow Canyon Road and Pechanga Parkway and Wolf Valley Road would continue to operate at LOS F during peak hour traffic, which is below the LOS D goal set forth in the Circulation Element of the General Plan. Goal 1 of the Circulation Element is to "strive to maintain a LOS D or better at all intersections within the City during peak hours and LOS C or better during non-peak hours." The construction of the Project helps to achieve this goal. By improving the efficiency of traffic circulation as set forth above, the Project would also help to adequately and efficiently accommodate regional travel demand. Goal 2 of the Circulation Element is to create a regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. The Project also would help achieve the policies of Goal 3 of the Circulation Element, which is to create an efficient City circulation system through the use of transportation system management and travel demand management services. For example, the Project would provide a comprehensive system of Class 2 bicycle lanes to meet the needs of cyclists traveling to and from work and other destinations within the City consistent with Policy 3.3 of Goal 3 of the Circulation Element. These bicycle lanes would also help meet Goal 5 of the Circulation Element, which is to provide safe and efficient alternatives to motorized travel throughout the City. Further, Pechanga Parkway, as a Principal and Major arterial, would not allow for on-street (curbside) parking to minimize traffic conflicts and increase carrying capacity, consistent with Policy 3.2 of Goal 3 of the Circulation Element. The above improvements would further the public health and safety by ensuring adequate traffic circulation in this area of the City and, thus, would prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it would improve efficiency and the level of service along Pechanga Parkway. The Project is needed to meet the demands of increased traffic volumes in this area of the City. The increase in traffic has the potential of increasing traffic delays and increasing the risk of traffic accidents. The improvement of traffic circulation and reduction in traffic congestion along Pechanga Parkway may also consequentially have a beneficial effect on the access and response times of emergency vehicles vital to the public health and safety, and thus, benefit the community as a whole. Section 5. The environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., the CEQA Guidelines, 14 Cal. Code Regs. S 15000 et seq. ("CEQA Guidelines") and the National Environmental Policy Act ("NEPA"). The environmental effects of the Project were studied in connection with several initial studies pursuant to the requirements of CEQA and the CEQA Guidelines and a Categorical Exclusion ("CE") pursuant to NEPA. The acquisitions of the Subject Property Interests were studied as an integral part of the Initial Studies, Negative Declarations, Environmental Impact Reports and the CE prepared in connection with the Project. The City is the lead agency for approval under CEQA and FHWA is the lead agency for approval under NEPA. On April 11, 2006 the City prepared a Notice of Determination, which was duly filed on April 20, 2006 with the County Clerk and Recorder's Office in accordance with CEQA. The Notice of Determination noted that the City approved the Project on March 14, 2006, and made the following determinations: (a) The Project will not have a significant effect on the environment. (b) A Negative Declaration was previously prepared and adopted for the Project pursuant to CEQA. The following environmental determinations have been made in the past which have evaluated the Project, or interim improvements to Pechanga Parkway: . Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13, 2001. . City of Temecula Comprehensive General Plan Update EIR, certified by the Temecula City Council on April 12, 2005. . EA 71, a Notice of Exemption adopted by the City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway. . EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes. . EA89 a Negative Declaration adopted by the City Council on January 8, 2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway. (c) Mitigation measures were not made a condition of the approval of the Project. (d) A Statement of Overriding Consideration was not adopted for the Project. (e) Findings were made pursuant to the provisions of CEQA. Concurrently, with the Notice of Determination, the City prepared on April 11, 2006 a Certificate of Fee Exemption (De Minimus Impact Finding) for the Project, which is incorporated herein by this reference. In accordance with the requirements of NEPA, Caltrans and FHWA approved a Categorical Exclusion ("CE") for the Project. The Caltrans Environmental Chief Officer and the Caltrans Project Manager/DLA Engineer approved the CE on March 29, 2007 and on April 3, 2007, respectively. FHWA approved the CE on April 19, 2007. In approving the CE, Caltrans determined that a CE was proper because the Project would not individually or cumulatively have a significant environmental effect and that the Project was excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS). Caltrans' determination was based on the following findings: (a) The Project does not have a significant impact on the environment as defined by NEPA; (b) The Project does not involve substantial controversy on environmental grounds; (c) The Project does not involve significant impacts on properties protected by Section 4(f) of the DOT Act or Section 106 of the National Historic Preservation Act; (d) In non-attainment or maintenance areas for Federal air quality standards: the Project comes from a currently conforming plan and Transportation Improvement Program or is exempt from regional conformity; and (f) The Project is consistent with all Federal, State, and local laws, requirements or administrative determinations relating to the environmental aspects of this action. Based on the evaluation of the Project and statements made in the CE, FHWA determined on April 19, 2007 in accordance with NEPA that the Project meets the criteria of and is properly classified as aCE. On October 2, 2007, City staff reviewed all of the environmental documentation prepared in connection with the Project in connection with the Resolution of Necessity, including the Wolf Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13, 2001; the City of Temecula Comprehensive General Plan Update EI R, certified by the Temecula City Council on April 12, 2005; EA 71 , a Notice of Exemption adopted by the City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway; EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for the widening of a portion of Pechanga Parkway to four lanes; EA 89, a Negative Declaration adopted by the City Council on January 8, 2002 for interim widening improvements and the construction of a sound wall along the west side of Pechanga Parkway, the Traffic Studies prepared in connection with said EIRs, the Noise Study Report for Pechanga Parkway Phase II Street Improvements revised March 12, 2007 and all other technical studies prepared in connection with said documents, the CE and its Continuation Sheet, and the Agenda Reports prepared in connection with these environmental documents. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. All of the above- referenced environmental documents are incorporated herein by this reference. Section 6. Pursuant to Government Code Section 7267.2, the City obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the fair market value and extended a written offer on June 14, 2007 to the record owner. The City's offer letter also offered to pay to the property owner the reasonable costs, up to $5,000.00 (Five Thousand Dollars) for an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025. Section 7. The City provided notice to the record owners pursuant to Code of Civil Procedure Section 1245.235 of its decision to consider the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. Section 8. The public use for which the City seeks to acquire the Subject Property Interests, namely public street and drainage purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project. Section 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein, the City Council hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests described in Exhibit "A" and depicted on Exhibits "B" and "C" hereto are necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests it seeks to acquire. Section 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owner and or its representative(s). These documents include, but are not limited to, the General Plan; the Circulation Element; the street plans for the Project, the environmental documents referenced above and in the Agenda Report, including the Notice of Determination and Categorical Exclusion approved by the Federal Highway Administration and the California Department of Transportation pursuant to NEPA; the offer letter sent to the property owner pursuant to Code of Civil Procedure Section 1245.235; the revised offer letter sent to the property owner; and the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City's intent to consider the adoption of the Resolution of Necessity. Section 11. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described in Exhibit "A" and depicted on Exhibits "B" and "C" attached hereto and to take all steps necessary to deposit with the Court the amount of probable compensation required by law for the issuance of an Order for Prejudgment Possession. Section 12. The City Council of the City of Temecula hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of October, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 11984, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 67, PAGE 87 OF PARCEL MAPS, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 11984, SAID POINT BEING DISTANT 55.00 FEET MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF PECHANGA PARKWAY (FORMERLY KNOWN AS PALA ROAD); . THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2, NORTH 420 15' 24" EAST, A DISTANCE OF 12.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING ON A LINE THAT IS 67.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID PECHANGA PARKWAY; THENCE ALONG SAID PARALLEL LINE, NORTH 47044'36" WEST A DISTANCE OF 140.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2417.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3010'34", AN ARC LENGTH OF 133.98 FEET TO A POINT ON THE LINE AS DESCRIBED IN A GRANT DEED RECORDED APRIL 8, 1983 AS INSTRUMENT NO. 66647, OFFICIAL RECORDS OF SAID COUNTY AND STATE, AND LOT LINE ADJUSTMENT NO. 1639 RECORDED MARCH 7, 1983, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 39004'50" EAST; THENCE ALONG SAID LINE, NORTH 04022'55" EAST, A DISTANCE OF 14.58 FEET TO A POINT ON A LINE THAT IS 79.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID PECHANGA PARKWAY, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2429.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 38053'05" EAST; THENCE LEAVING SAID LINE IN A SOUTHWESTERLY DIRECTION ALONG SAID CURVE . THROUGH A CENTRAL ANGLE OF 3022'19", AN ARC LENGTH OF 142.95 FEET; THENCE ALONG SAID PARALLEL LINE SOUTH 47044'36" EAST, A DISTANCE OF 140.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO. 11984; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 42015'24" WEST, A DISTANCE OF 12.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3341.62 SQUARE FEET OR 0.077 ACRES, MORE OR LESS. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART OF THIS DESCRIPTION. THIS ~lp:'IO WAS PREPARED BY ME OR UNDER MY DIRECTION: /~~ tJ BRIAN FOX ' PROFESSIONAL LAND SURVEYOR NO. 7171 REGIST~:p~.Nl XPIRES: 12/31/05 DATED: '1/1"F''S ~ S Q ~ ~ ~ o / ~ / ","" ~ / ~o\ '"" I!' '\\1 Y. "'=!J ?_ " PARCEL LINE REFERENCED IN <{S. ~t'D~~CR)~~g' I~EgRAV/ b~~D <" RECORDED 4/8/83 ftS INSTRUMENT NO. 66647 OF OFFICIAL RECORDS OF RIVERSIDE COUNlY, CALIF. F O~:rnON ~~ F j.\f\Cet. ~ F fA l~Ba~~ = F"fOl. E1Ja1_ __ -- -- \ \ / )t \ \ \ ~ \ \ ~o- \ 1'A)~ \ \.~<" \ . ~~~ \ \ \ ~<ll \ \CP,..~ \ \ \ P;HtCEl ~ \ \ PM ]]aa4 \ '"" PJ\J]. ~1 J B1\ \ '"'APN 961-010-024~ \ :v-O~INAL PARCEL LINES BETWEEN '" ~~.C~~ 11~8f [lV~78N7)ON\ ~\ \:z: \ N04'22\5.E \ \ .~-\ -;o0! \ 14.58' \ \ I EO - ... 6=3'22'19" \ S42"15'24"W . 8. rR=2429.0P' \ J 12.00' I \ L=142.95\ 140.00' . T'. PO B ,- S4744'36"E -,./ r . .. " ." / / / / / / / / / // /v {' /' /' {' n / {' /~N42'15?H 1 ,~ ~ "- ~'.4.T.!l'PIiW _ --- _ 12.00_ -' 6=3'10'34" 140.00' ~ i--. Q R=2417.00' "':p. P.O.B. "'J'.q L=133.98' N42'15'24"E >0 _ 4~ PECHANGA (FORMERLY PALA ROAD) - -- - - -- ------ - - PREPARED FOR: CITY OF TEMECULA 43200 BUSINESS PARK DR. TEMECULA, CA 92590 (909) 694-641t .BECQBO OWN~ TEMECULA CREEK RV STORAGE 610 METCALF STREET ESCONDIDD, CA 92025 EXHIBIT "B" \ \/~ SCALE IN FEET 1" = 100' \ P AFH~El :3 PM llaE4 P.JJ]. E1 J B1 -~ II jg PARKWAY I / / / / I DENOTES AREA OF DEDICATION (3341.62 S.F.) ~I!# ?> ~~/ARED BY: tXHIBIT "C: \ /' /' \/~ "<::( :5 \-/ ~ \ \~. \ \\ ~ \ \~ \ ~ \ .~~ \ \ . r."<? LL \ \~~\ C) // ~RCEL 2 \ \\ ~ / 1-~\"" PM 11984 \\ CY PAAca UliE R~ IN ~~. " P. M . 67 /87, \ L,LA. NO. 1639, ~~~Ar.I!m.. ~ "APN 961-0R10 024\ \ ~~~/~Af~OiF ~ _\ ~'~DE~~ "" P .,jj~~ N or ~\ \z'\ ~().f22 po R 1\ 0 '\ '0;,.'\.\ 14.68 PARC[l :~ \~i~=- _ _ _ - \ ScALE IN FEET 1" = 100' PARCEL 3 PM 11984 P.M. 67/87 --- - ---l r- olC ~\~ .co PlC (f) Pl ~ .~ PECHANGA (FORMERLY PALA ROAD S4Z15'~4"W 12.00 ..J IT.P.O.B. Y r-~Z1S'~4"E 12.00 _ P.O.B. N4Z1 S'24"E <t- . PARKWAY -- -- - - r / / / /It~ AR~OF~RA{}Y Af'PROXlrrJlTRY (14.980 i:'r.) ~~~~~ ~~ECULA 4~400 BUSINESS PARK DR. TEMECUlA, CA 92590 (909) 694-6411 RECORD OWNER: TEl,4ECULA CREEK R>{ SToRAGE 610 METcAlF STREET EscoNDIDO. CA 92025 ITEM NO.6 Approvals City Attorney Director of Finance City Manager ./I.~f .' i CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 23, 2007 SUBJECT: Professional Engineering Design Services Agreement the Pedestrian/ Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Amer Attar, Principal Engineer RECOMMENDATION: That the City Council: 1. Approve the Professional Engineering Design Services Agreement with Nolte Associates, I nc. for the Design of the Pedestrian/ Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11, in the amount of $132,807.00. 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,281.00, which is equal to 10% of the contract amount BACKGROUND: In November, 2005, the City issued Request for Proposal (RFP) No. 141 to provide professional engineering design services for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and the City Trail System, City Project Number PW05-11. After review of the three proposals received, Nolte Associates, Inc. was selected as the successful candidate. Subsequently, staff decided to have Nolte Associates perform a preliminary engineering study for bridge selection and location and to develop a budget for design, construction, and environmental studies. An Advance Planning Study was submitted by Nolte Associates in May, 2006, in which three alternative alignments for the bridge were identified. Upon selection of the preferred alignment, a determination was made that property acquisition from Rancho California Water District (RCWD) would be required to utilize this alignment, and negotiations began to acquire said property. A tentative agreement has been reached with RCWD to acquire a portion of Parcel No. 920-090-002, and that process is being finalized. We are now ready to move forward with the design and construction of the pedestrian bridge. Nolte Associates were requested to submit a scope for the design and the environmental document for the project. Nolte Associates submitted the scope of work and associated fees. Staff has negotiated the scope of work and fees with Nolte Associates and has determined that the scope and fee attached to the agreement are what is necessary to complete the design and any required environmental studies. This scope of work is consistent with the Advanced Planning Study. FISCAL IMPACT: The Pedestrian/ Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11 is a Capital Improvement Project funded through the Federal Safe Route to School Program, Development Impact - Open Space/ Trails and Developer Contribution. Sufficient funds are available in account 210-165-738- 5802 for the total cost of $146,088.00, which equals the agreement amount of $132,807.00 and the 10% contingency of $13,281.00. ATTACHMENTS: 1. Location Map 2. Project Description 3. Agreement for Professional Engineering Design Services 0 ... ~ 5 ra E~ ~e ~.~ ~g .,., iE - - , 0 " ~~ ~ I ~5 :@ OVJ j>l~ u~ @ ~i ,~ I~ ~ fi /1'.... g ^-.. "4 4;. 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II: ol -a~=e:fll~rJ)~ <<88~~~~ H 0000001 00 0 N 01 OOOVl'lt. oo"v{1.O ~ ~ ~ ~I I VtEAVtfAl o f:' ~ '" = '" 0 - .~ .~ - I:! 2 t 'S ~ = C) 0 olu "'.... r/J " = "'* " oS ~ ~~6b .?; '" Q 0 - " , ,.. m Q) 1-0 ~ ~::s p.. Q),....( - -:S 0 go.8 "'.... " = '" r/J ..!:l -a 0 .. o d ~ +-> ~ o U '=i tf.l.... 0() " " ""Cl ',", '" !> ~ .9']~~ ~ ,g .a a Q,) Q,) <<s 0 ",Q~r/JE-< .. 00 \0 .... .0- '" .. ., ~ Cl ~ u'" ?: ~ ~.r-. 0'; e 8 '" ,. "$ := r-.~ '" o o '" ~ .s "Cl " ] ~ ] .... o o '" ~ .s "Cl fl 2 g g " " .0 o - '" - - 1l ~ '" "Cl ~ * AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES BETWEEN THE CITY OF TEMECULA AND NOLTE ASSOCIATES, INC. PEDESTRIAN/BICYCLE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL & CITY TRAIL SYSTEM PROJECT NO. PW05-11 THIS AGREEMENT is made and effective as of October 23,2007, between the City of Temecula, a municipal corporation ("City") and Nolte Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 23, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website htto://www.dir.ca.aov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thirty Two Thousand Eight Hundred Seven Dollars and No Cents ($132,807.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. R:\CIP\Projects\PW05-11\Agreements\Nolte Agrmt PW05-13 B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed thirty thousand dollars ($30,000.00) or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:ICIPIProjectsIPW05-11\AgreementsINolte Agrmt PW05-t3 8. OWNERSHIP OF DOCUMENTS. A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that speCified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. A. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/or Agency and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 3 R:ICIPIProjeclsIPW05-11\AgreemenlsINolle Agrml PW05-13 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scooe of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) aggregate Professional Liability coverage: One million ($1,000,000) per claim and in C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, District and/or Agency its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles 4 R:\CIPIProjects\PW05-11 IAgreements\Nolte Agrmt PW05-13 owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2.) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, District and/or Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, District, and/or Agency, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer, phone, fax and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. E. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coverape. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for 5 R:ICIPIProjeclsIPWOS-11 \Agreement.INolte Agrmt PWOS-13 performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Nolte Associates, Inc. 15070 Avenue of Science, Suite 100 San Diego, California 92128-3412 Jack L. Abcarius, P.E., Engineering Manager 6 R:ICIPIProjectsIPW05-11\AgreementsINolte Agnnt PW05-13 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19 ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 R:ICIPIProjectsIPW05-11\AgreementsINolte Agrmt PW05-13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Nolte Associates, Inc. 15070 Avenue of Sceince, Suite 100 San Diego, CA 92128-3412 (858) 385-0500 Fax: (858) 385-0400 John A. Dallen, Jr., Chief Financial Officer Bill Miller, Senior Vice President [Signatures of Two Corporate Officers Required] 8 R:ICIPIProjeclsIPW05-11\AgreemenlsINolle Agrmt PW05-13 EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING DESIGN SERVICES PEDESTRIAN/BICYCLE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL & CITY TRAIL SYSTEM PROJECT NO. PW05-11 9 R:ICIPIProjeclsIPW05-11\AgreemenlsINolte Agrmt PW05-13 ~t: BEYOND ENGINEERING July 20, 2007 Jon Salazar, P.E. Senior Engineer, Capital Projects City of Temecula Department of Public Works P.O. Box 9033 Temecula, CA 92589-9033 Subject: Professional Engineering Design Services, PedestrianlBicycle Bridge Over Santa Gertrudis Creek - Project No. PW05-11 Dear Mr. Salazar, Thank you for allowing Nolte Associates, Inc. to continue working on this project by inviting us to submit a proposal for PS&E for professional engineering services for Project No. PW05-11. Based on our discussions with you, Mr. Greg Butler, and Ms. Julie Dauer, we understand that funding for this project will consist of both federal and local dollars. As such, we have expanded our original proposal to include environmental services by our subconsultant, Dudek & Associates, to cover both the CEQA and NEP A processes. Their proposal, along with Petra Geotechnical's proposal is attached to ours for your review and approval. The project objective is for Nolte to prepare plans, specifications, and estimates for the construction of a pre-fabricated pedestrian bridge over Santa Gertrudis Creek along with the associated approach ramps, and sidewalk modifications at the tie-in points. Both the ramps and the bridge shall be ADA compliant. Nolte will prepare the construction documents based on the Preliminary Alignment 3 selected by the City at the conclusion of the Feasibility Study completed by Nolte in May 2006. In anticipation of the City's decision to utilize Nolte during the bidding phase, we have also included a "Bidding and Pre-Construction services task. If requested by the City, we can also provide construction support, inspection services and surveys which can be negotiated at that time. The attached exhibit outlines our specific scope of services on a task by task analysis for your review and approval. If you have any questions, please do not hesitate to call me at your convenience at (858) 705-2430. Respectfully submitted, EXHIBIT "A" SCOPE OF SERVICES Task l-Kick-OjJMeeting Upon receiving the Notice to Proceed or the executed Agreement from the City, Nolte's project manager will coordinate with all team members and City staff to set up a kick-off meeting as soon as possible at a time convenient to all. This meeting will serve as the forum for: 1. Establishing the lines of communications. 2. IdentifYing "key" personnel for the specific tasks, both from the City and the consultants. 3. Establishing the "Boundary Conditions" of the project. 4. Recognizing or anticipating potential issues. 5. Finalizing and refining the overall scope. 6. Agreeing on the project schedule. Any necessary adjustments to the scope shall be made and submitted for approval within a week of this meeting. Task 2 - Geotechnical Investigation and Report A subsurface field investigation will be performed, laboratory test conducted, and a Geotechnical Report prepared for design of the bridge and associated ramps. Prior to the initiation of our field investigation, Underground Service Alert (USA) will be notified to identifY any underground utilities present along the proposed bridge abutment supports and ramp aligmnent. In addition, any permits required by Riverside County Flood Control and/or the ACOE will be obtained prior to our field exploration. A detailed proposal from Petra Geotechnical is attached to this proposal. Task 3 - Environmental Documentation It is our understanding that the City will be submitting the Preliminary Environmental Study (PES) form to Caltrans District 8 along with a NESMI report. Since we have alrea,dy completed the (PES) form for this site under a separate contract, we will submit it to the City at our Kick-Off Meeting. The City will complete the form by obtaining a federal project number, prepare and attach a NESMI report, and submit to Mr. Eric Tang at Caltrans, District 8 Local Assistance. Dudek's preliminary detailed scope of work is attached to this proposal, and considered as Optional Services at this point in time. Once the City receives clear directions from CaItrans with respect to the environmental documentation and technical studies required for this project, the City will request Dudek to review and revise their scope and fee accordingly, Dudek will not proceed with any work under their scope until directed by the City. - 1 - Task 4 - Surveying and Mapping Although some surveying was done during the Feasibility Study phase, it will be necessary to complement the original work with additional shots specifically at the tie-in points on the sidewalk at the end ofRoripaugh Road. It may be necessary to extend these survey points if it becomes necessary to rehab the existing sidewalk for ADA compliance. Design surveys include locating geotechnical investigation boring, pit, and trenching sites; locating existing utilities accessible from the surface including dipping manholes; locating utility potholing operations; locating other improvement features in support of engineering design efforts. Task 5 - 30% Plans and Estimates 30% bridge and approach ramps plans will be developed and submitted for City approval and for circulation among the utility agencies. This design effort shall include the following specific tasks: 1. Incorporate utility data into our plans 2. Coordinate with Riverside County Flood Control 3. Attend one meeting in addition to the Kick-Off Meeting 4. Prepare a preliminary plan and profile for the ramps 5. Preliminary horizontal alignment for the approach ramps and trails 6. Preliminary Abutment support details 7. Preliminary construction cost estimate Since the City has already obtained the needed Right-of-Way from Rancho California Water District (RCWD), it is assumed that no additional right-of-way will be required. A temporary easement may be required during construction for accessing the site through RCWD's property. For the bridge, it has already been decided by the City that a free span, pre-fabricated steel structure will be purchased and installed across the creek. Therefore a General Plan will be prepared showing a generic pre-fabricated structure type, along with plan, typical section and elevation views. A General Plan Estimate will be prepared in coordination with a pre-fabricated bridge manufacturer and submitted as well. Our proposal does not include creek hydraulic analysis. Nolte will use as-builts for the Creek Improvement plans prepared by Trans-Pacific Consultants to determine the QIOO water surface elevation. Surface drainage analysis and storm water management system is included in this proposal. All design work shall be in compliance with RCFC& WCD Hydrology and Hydraulic manuals. This work will include engineering analysis necessary to design cross drains and slope ditches as necessary. Task 6 - 60% Plans and Estimates Following the 30% approval from the City, preparation of unchecked (60%) bridge, approach ramps, trail modifications, and sidewalk modifications plans will be prepared and submitted for City review. Bridge Abutment and retaining wall plans will be prepared in accordance with Caltrans' Bridge Design Specifications and supporting manuals, while the'approach ramps, trails, -2- and sidewalk modification plans will be prepared in accordance with City ofTemecula, and County of Riverside Standards. All plans will adhere to the current environmental requirements. Task 7 - Independent Structural Check An independent structural check calculation for the Abutment and Foundation design will be conducted. Task 8 - Quantities Earthwork quantities for the approach ramp and trails will be based on CADD drawings using either computer generated surfaces or cross sections sampled through CADD software. Quantities for other items and bridge items will be calculated and independently checked in accordance with Caltrans' Policies and Procedures. A separate set of calculations will be compiled for inclusion in the Initial PS&E package. Task 9 - Draft Final Plans, Specifications, and Estimates Agency review along with the independent structural checker comments will be incorporated into the plan package, and a Draft Final PS&E will be prepared and submitted for another round of reviews. It is our understanding that the City will take on the task of combining our technical specifications with the entire bid package, which includes the City'.s boiler plate, instruction to bidders, and bid sheets. We will prepare the technical specification package, including any special provisions. At this point, the design will be considered essentially complete el(cept for inclusion of any subsequent comments that may be generated. The submittal will include: o Checked plans o Structural design calculations and check calculations o Project specifications '0 Quantity Summary Sheets o Engineer's Estimate The package will be a complete, stand-alone set of documents. Task 10 - Final Plans, Specifications, and Estimates Agency review comments will be incorporated into the plan package and a final submittal made to the City. Stamped and signed engineering drawings, along with the final version ofthe specification package and the engineer's cost estimate will be submitted for inclusion in the bid package. The submittal will include the following: o One set of original wet signed and stamped tracings (24"x36" mylars) 1<1 Two sets of blue Jines 1<1 One hard copy of the project technical specifications along with a CD o One set of quantity calculations and estimate o One set of design and check calculations - 3- Task 11 - Project Management From the inception of the project, management services will be provided for control, coordination and administration ofthe work. Nolte's approach includes the following basic tasks: 1<1 Progress Meetings - Monthly trend meeting with City and affected agencies 1<1 Scheduling - Preparation and updating of overall project schedule 1<1 Coordination - Coordinate with agencies, subconsultants and City representatives 1<1 Quality Control- Internal quality controVquality assurance activities 1<1 Cost Accounting - Compiling and reporting expenditures and budget status 1<1 Progress Reports - Monthly progress reports will )Je submitted along with every invoice and kept on file Task 12 - Reimbursables A not to exceed amount of$l,OOO.OO to cover the expenses of other direct costs such as blueprints, reproductions, and mileage, has been added as a line item in our cost proposal. Task 13 - Bidding and Construction Support Services The Nolte team will attend the bid meeting and the pre-construction conference (if requested by the City), and will respond to questions regarding the design and specifications during these two meetings. Construction support services and as-built plan modifications services will be provided on a time and materials basis at the time of construction and is not included in this scope. AssumptionslExclusions I. City will provide copies of as-built existing improvements and utility plans. 2. City forces will pothole existing utilities where required. 3. City will pay application fees for agency permits, ifany. 4. City will perform dry utility coordination. 5. City will combine the Technical Specifications to their Boiler Plate. 6. Design of any environmental mitigation plan is not included. Consultant Fee We propose to provide you with the above scope of services on a Time and Materials basis not to exceed One Hundred Thirty Two Thousand Eight Hundred and Seven dollars ($132,807). -4- Riverside County 38655 Sky Canyon Drive, Suite A Murrieta, California 92563 951.600-9271 past + present + future it's in OU1' science Engineers, GeDlogists Environmental SGisntists September 28, 2007 P.N. 1305-07 Mr. Jack Abcarius NOLTE AND ASSOCIATES, INC. 15090 Avenue of Science, Suite 101 San Diego, California 92128 Subject: Revised Proposal for Geotechnical Investigation, Proposed Pedestrian Bridge Over Santa Gertrudis Creek, City of Temecula, Riverside County, California Dear Mr. Abcarius: Petra Geotechnical, Inc. (petra) is pleased to submit this revised proposal for a geotechnical investigation for the subject pedestrian bridge in the City ofTemecula, California. In preparation for this revised proposal, we have discussed the project, visited the site and reviewed the Request for Proposal (RFP) No. 141, Professional Engineering Design Services, PedestrianlBicycle Bridge Over Santa Gertrudis Creek To Chaparral High School and City Trail System Project No. PW05-1I. Based on the information provided, we have prepared the following scope of services. SCOPE OF SERVICE~ This revised proposal has been tailored to meet the needs of the project and fulfill your requirements. However, should the outlined services not meet your expectations of the assignment, we would appreciate the opportunity to discuss your concerns and make adjustments as necessary. Our revised proposal is based on RFP No. 141. NOLTE AND ASSOCIATES, INC, Proposed Pedestrian Bridge/Temecula S':'l'~<-u,ber 28, 2007 P.N. 1305-07 Page 2 Petra proposes to perform subsurface explorations, laboratory testing and engineering analyses to provide recommendations for earthwork and structure foundations, for the proposed pedestrianlbicyc1e bridge. Our services will consist of the following main tasks. . Subsurface explorations to evaluate the nature and stratigraphy of the subsurface soils, and to obtain undisturbed and bulk samples for laboratory observation and testing. . Laboratory testing of soil samples for determination of the static physical soil properties. . Engineering evaluation of the geotechnical data to develop recommendations for design of bridge foundations and for earthwork. A more detailed description of the methodology to perform the required tasks is presented in the following sections. Subsurface Exoloration, We propose to explore the site by drilling a total offour borings. Two borings will be located at approaches/walkways to the bridge. These borings will be drilled to depths of approximately 15 feet below the existing grade or until drilling refusal, whichever occurs first. The remaining two borings will be drilled at the bridge abutments. These borings will be drilled to depths of approximately 50 feet below the existing grade or until drilling refusal, whichever comes first. The borings at the bridge will be drilled using a truck-mounted hollow-stem auger drill rig. The borings will be drilled under the observation of our field geologist, who will log the subsurface conditions encountered and obtain relatively undisturbed and bulk samples for laboratory observation and testing. Samples from the borings will be obtained with both standard penetration and ring samples. The boreholes will be backfilled with soil cuttings. Before starting our exploration program, we will conduct a field reconnaissance to further observe site conditions and mark the locations of our planned explorations. As required by the ~,., 00. "",,::;:,;:~-,,<:_ "-;::-",:~''!.':~c'~ >',^_i -:<<~"~"~~ 'Ie!_""';: ~ ~"','"J;~"."..:-~ ""l-~-"~~ ,-,,"';-,<1', "~>""; -~'..;.'-".\'" --~"~?"~~,.~,,,,",,~,,,-~- " " ..... '. P.... ., ." ........... ,p..' '.' -,,'. . ." .....~RE!lR... r;f.;:~';~.::: :':;!.:':).~~: ':.~;, ':::::~::./.:; ::~::<.:~: >:.:~~j;:~i;~:~~(~~~:~:':;}..~~ ;:T;.i:~ )~,:~.:,,:;:j,;'~A NOLTE AND ASSOCIATES, INC. Proposed Pedestrian Bridge/Temecula September 28, 2007 P.N. 1305-07 Page 3 State of California, we will notify Underground Service Alert of the locations of our planned explorations prior to drilling. We will conduct drilling and sampling in general accordance with the applicable ASTM Test Method standards. At the completion of the drilling, we will transport samples to our laboratory where they will be examined by our engineers and visually classified according to the Unified Soil Classification System. The health and safety of our personnel require that we be aware of possible environmental contamination present on the property. If evidence of such materials is encountered during the course of our evaluation, we must stop our explorations and contact you to detennine the appropriate course of action. Delays and increased costs caused by such actions are not within the scope of our evaluation. Laboratorv Testinl!; Our project engineer will select samples for laboratory testing to determine the pertinent static physical characteristics of the soils. The data obtained will be used in our engineering analyses. The laboratory tests may include the following. . In-place moisture Cvn~"n~ and dry density tests . Direct shear tests on undisturbed samples to determine the shear strength of the materials . Consolidation tests to evaluate the compressibility of the materials . Sieve Analyses to determine the particle-size distribution of the materials . Corrosivity tests to evaluate the corrosion potential Emlineerinl! Analvses and Renort The results of our subsurface explorations and laboratory tests will be evaluated and engineering analyses will be p",;vuned to develop recommendations for design of foundations and for earthwork. We will .1"".1'''"''' a geotechnical report summarizing the data collected and presenting our design recommendations. The report will include the following. -;~1::"/f(':~_; _""'?--"'~~E'o;; e.;''''' ,'" ,',:, " ,,,,"'-<:~"^"3 hC,~~ ""~,;: ,'v 0' '" ,"1'"" ~~'_ '~"'~ ,~"~-<,, ~"i''""'C, t" '''~ '<' ~~< ~~~ ~ - 0 /'''f' ','" "i/~,,,,,I'O;:- ~~'~"'f>' ~{~, ~-<>~, ~C::::'I 'l.~"'-"';"iY '"" ,~-"c; ~-)""'f ~~dEmRii~ ,::iJ "'::iI"S ~;'~:;,;'., ";;.3'.~ ;:';:';.~;~; ,i;( :'t';:.; r:i ':;;~ ,":": ;::.'c~;:.~ .;~;~t.,i},<~.~~;:,:.;;':'~(::'~~; ;~: ~~;~..';.~ .'}~:;~;~:: NOLTE AND ASSOCIATES, INe. Proposed Pedestrian BridgeffemecuIa July 31, 2007 P.N. 1305-07 Page 4 · A scope of work sununarizing the work performed. · A proj ect description which will describe the proposed construction. · A discussion of tl1e field exploration. . Laboratory test results. · An overview of site geology and subsurface conditions. · Seismic data and evaluation including description of faults, fault-site distallce, estimated Maximum Credible Earthquake, 110rizontal Peak Bedrock Acceleration and ARS curve. · An evaluation of liquefaction potential. · A corrosion evaluation providing an assessment of the corrosiveness of the site soils based on review of laboratory corrosion test data. · Foundation recommendations including type of foundation and pertinent geotechnical design parameters. . Earthwork recommendations. · Temporary slope stability and bracing ,..w...mendations, as al'l""I',;ate. · A discussion of construction considerations which may affect the project. Assnmntions In preparing this proposal, we have made several assumptions that are integral to our performance of the work and which affect the fee of the proposed evaluation. Conditions encountered that deviate from these assumptions are not included in the fee of this proposal and are additional. These assumptions include the following. . Right of access will be provided · Caltrans Logs of Test Borings will not be required ": ~ ~ ::~_: ;\ ~ -;= ~ }~,./~; S= '.:~ "~< ;:;" ::: , ~ " -'.~:: : '~;r:- ;: ~ -;' ~1.: "< ;<~^1 ~~~~ ';~,-~~:":< ":~} ~:~= . ;~ ~ ~: : ;. ~>~')~!:~ ~~,iIf-riE~" ~R' ,~;::~' ".".. "" "'. '.. .,.. .... ....,',. ...~r;iti1Jf... ::,";"'. . ',;; 'J: ;;~:~:;";,f'.:,:,<' ~ \ .'.: :/:: : ;";: .:;"~;~ :::: ,~:c ',';" ~'.;~:/'::..:.:>"~.: .::;' "> <~:;;~~:.!: .:' NOLTE AND ASSOCIATES, INC. Proposed Pedestrian Bridgerremecula September 28, 2007 P.N. 1305-07 Page 5 . The field exploration program will be performed during normal work hours, Monday through Friday, 7:00 a.m. to 5:00 p.m. . The site will be accessible with truck-mounted drilling equipment . Prevailing wage is required to be paid in accordance with the California Prevailing Wage laws. . Our estimated fee covers the scope of services as previously described and includes preparation of one fmal report. Our work will include typical client communication during the course of our studies. Furthermore, phone conversations with other project team members are also anticipated (i.e., civil and structural engineers). However, during the progression of the project and after report submissions, client meetings, consultations, additional reports, review of grading plans, foundation plans, correspondence and consultation with other members of the project team such as civil and structural engineers, architects and contractors, agency contact and response to agency review (if applicable) will be billed as additional services on a time-and-cost basis in accordance with our standard schedule of fees without preparation of a new proposal, unless requested prior to performing the work. . Petra will make a reasonable effort to locate surface and subsurface utilities in an effort to prevent accidental damage to these structures during subsurface exploration activities. As noted previously, we will contact Underground Service Alert and the current property owner(s) (or a knowledgeable representative, if available) to obtain utility clearances within the boundaries ofthe subject property. In the event that the utility locating representatives inform us that buried pipelines and/or other structures are indeed known to exist in the area of proposed exploration but are unwilling or unable to provide an accurate location for these structures, it may be necessary to retain an outside consultant to perform a geophysical survey of the area. The costs associated with this contracted work are not included in our proposal budget and will be billed as additional services on a time-and-materials basis. Petra is not in the practice of underground utility locations. Individual utility companies are best qualified to accurately establish the locations of their own respective underground lines within the areas of proposed investigation. If conflicts are identified by the field locators, Petra will maintain the safe setback distance established by the utility locators. Although our previous experience has shown that use of the utility locating resources is a generally effective means by which to avoid utility conflicts, the Client should understand (as we do) that there are inherent risks to any subsurface investigation and that the locations of all underground structures and utilities may not be made known to us prior to our investigation. For this reason Petra cannot assume '''''pvusibility for damage to subterranean structures or "t:t1i~c~~<~,,- ,:;~<:-~"'-:'''c;;t:_:::;~~{,::i,=":,, ~cf; <Cj':i:"-" "- ~:~<'~-"'''!'~~:"~'>~-'<T'-<~~~ '~~;",~l: f:J~';,. '~:l~~:~:':~i.:f<'~)?~"~;~..f"'" .t.r1 ~~~?;,-t,/: . " ....."" ....... '.' , ..' ~,,~. '... .. ". '" .".',.... . '" ". .... ...~9EmRAi- . ~~!", ~:~ ":< "~~ ~,~~: ~~;~ _ ",:~ ,'~z) ~< ~l : ;<. ~ ,~~"'~" ~ ~~~ :";:0 : ~:~~~~ ';~e~,:~: ~~:^~;<,'~;1~~~~,':~~1i f ~{f:c~~~~~ ~~~ ~~,~c' ~:: ~, = _~,: -;) ~~< r:;;~"~ ~'1~:;- ;) ~:; NOLTE AND ASSOCIATES, INC. Proposed Pedestrian BridgelTemeeula September 28, 2007 P.N. 1305-07 Page 6 utilities which are not called to our firm's attention and/or fully and accurately described and located on the plans provided for our use. The work outlined in this revised proposal will be carried out in accordance with acceptable geotechnical principles common to the local area in which we practice. We make no other warranties, either expressed or implied. FEES Petra proposes to charge for our services on a time-and-cost basis. Based upon the scope of services outlined above, our total fees are estimated to be $9,460.00. In the event that additional time is necessary to complete some of the scope of services outlined previously (Le., additional data acquisition or field exploration time, etc.), additional fees may be accrued to complete our study. Furthermore, if unusual or unexpected soil or geologic conditions are encoWltered in our field evaluation that necessitate increasing the depth of exploration and/or the number of exploration sites, it may be necessary to modify the scope and fee of our study. If such is the case, we will inform you immediately to discuss what impact these conditions may have on our study and a change order will be prepared that provides a revised scope of services and associated fees. Our fee covers the scope of services as previously described and includes preparation of a report for submittal to Nolte and Associates, Inc. During the progression of the project and after report submission, client meetings, consultations, review of revised plans, correspondence and consultation with other members of the project team such as civil and structural engineers, architects and contractors, agency contact and response to agency review (if applicable) will be billed as additional services on a time-and-cost basis in accordance with our Standard Fee Schedule prevalent at the time work is performed without preparation of a new proposal. A breakdown of our proposed fee is as follows. ";,,,<,;<, ~ :; ~:;:": ,,,,'" '"~:'''' ~,<~~: ,~ >"'/:" ;" 'L't~: '",": ""':1,,,. ~', {."'t:~'''''~~-" o~ "W '~<;,= :;-~~~' <''" ~'i;:->~j'. .< ~,; <~_~:~ ,/';'1" _,~ f>. ,,': ~.<c ,J.... .:"./, : .; .,.... ,".'.;" '. .;, '~'c' ....: .-.,', ',. :.' .....',." ~'eEilBA:"j', ~t;.:.' ~;.;.'~.": >}:. -.' .~~., . .~;::.. ; , ;:', ':.:: ; :';;;~:':: :; :.;;:~~. '.~:Ti ::::. /::.': ':;":~::'~:C'}f':';:::~:::~( NOLTE AND ASSOCIATES, INC. Proposed Pedestrian Bridge/Temecula September 28, 2007 P.N.1305-07 Page 7 Background ReviewIProieet Coordination Project Engineer/Geologist...............................................................................Subtotal: $ 660.00 Field Investigation Drill Rig Mobilization (prevailing wage).......m................................................................$ 960.00 Drilling (assume 1 day to completeL.................................................................................2,350.00 Miscellaneous...........................................................................................................................600.00 Project Engineer/Geologist.............. .............. ... ........................ ................................. "'''' 1.100.00 Subtotal: $5,010.00 Laboratorv Testin~....m.......................................................................................Subtotal: $1,100.00 Data Analysis PrincipalEngineer..................................~...............................................................................$290.00 Project Engineer/Geologist................................................................................................... 880.00 Subtotal: $1170.00 Renort Pre~aration Principal Engineer.....................................m........................................................................$ 700.00 Project Engineer/Geologist..........m.........m........................................................................... 500.00 Drafling................................................................................................................................. 320.00 Subtotal: $1,520.00 TOTAL ESTIMATE: $9,460.00 INVOICES AND PAYMENl Petra will submit detailed invoices to you for payment on a monthly basis. Invoices will specify the actual fees accrued during the billing period, which is the first of the month through the end of the month. Invoices for consulting services will I":::",,,uce the specific tasks for which the fees were accrued. Indirect costs such as equipment, materials and subcontracted work will also be included. The invoices are due and payable on or before 30 days after the date of the invoice. !:~> ';:' H",'v:'" ~ (~ " !'$.~ ~:, ;:_ ~,,~ .~;_ "', -,.; ,'? - ~,,~ :;-:~ '?>_" 'o-~ _""_ ~,,"p -.o'>~ f -c, ~ ' _", ,\-<~.-~;,: ': ), Z'~ , ,~, " , ~~: ;(,/.'1i-'~ -.t_ \ c,' ~~ ~'J !"'"' ~ ~.:; ~"-r"'"i'="?r'::..._..,<.c 'i'c ~c; ,~~~'r ,~"'''~,,< -, ~ ,~ ~Q~~''''"'"p"", ~ <_J ..:'~'~~I?~m_""i:< - ;~:,'~I:',~" ;~.' :.~" \';{j:..t.~ ~i:;J:;' ;~;: ~;):~ :"z:' ;ii~: -;::::;'~:',f;';:: ~:~':;.:./~;;_.;. ~.-:";>:-:~.:~. ,::-::::,:., ~.~~.~ NOLTE AND ASSOCIATES, INC. Proposed Pedestrian Bridge/Temecula September 28, 2007 P.N. 1305-07 Page 8 SCHEDULE For your planning purposes, we anticipate that we can begin our subsurface exploration within I week of receiving written authorization to proceed. We assume no permits will be required to perform the work. The field explorations are expected to take 1 day. We can provide preliminary information within I week of completion of the subsurface explorations and our written report approximately 4 to 6 weeks later. '::""--'~';:J"~;t;,'~~:~<"-':.;'';.~^'' ,~~,: :-"'o:'?{~~-: ',;"',"'~>/.,,(~;>"q/~~:'""_> --:'L"~, <" "':;--;"j ~_>>.y_-~'-"e'3;::;-'::'-; ~ " '"".. .",' ,., , . .,.;, ,".. """ ,,c."',", 'I -<',...~~J;!ElIR~, :. ~"' I ~~ ~~'1 ~_ ~ "~" '~: >"~~, ,:. ~:; ! ~ ~ ~~ ~ ~;r"_>> _O~::~<_. f~~ (,,~~:_ ~ ~" : ~ ;~~:' ^ :~ ,; ~~~'~ - > ~:-: ,-~ ,~ : ~~~ ~~~ ,":> ~i\~: ~': ~~~'; ~ :~; ;;)~<,f NOLTE AND ASSOCIATES, INC. Proposed Pedestrian Bridge/Temecula September 28, 2007 P.N.1305-07 Page 9 AUTHORIZATION We welcome the opportunity to discuss this revised proposal with you if there are questions or comments regarding the proposed scope or methodology. The opportunity to present this revised proposal is sincerely appreciated. If this revised proposal and the attached Exhibit "A" - Conditions" meet with your "pp.v val, please sign below and on Page 3 of Exhibit "A" and return a copy to this office. If you have questions regarding the content or terminology of these conditions, please contact us immediately. Revisions must be agreed upon by both parties prior to commencement of work. Respectfully submitted, PETRA GEOTECHNICAL, INC. (' O:~l O\..l'~ c'iITfu;:d)Y.Craft;"dE - -~ cr I Principal Engineer GE 243 CAC/kec (please sign Exhfblt "A" Page 3) iDate: Attaclunents: Standard Fee Schedule (2007) Exhibit" A" - Conditions Distribution: (2) Addressee EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\CIPIProjects\PW05-11\Agreements\Nolte Agrmt PW05-13 STANDARD FEE SCHEDULE GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING January 1, 2007 Professiohal Services (Ene:ineers. Geolo~ists. Environmental Scientists) Senior Principal (RevIew and Consultation) Principal Senior Associate Associate Senior Project Project Senior Staff Staff Assistant Senior Fault Hazard Specialist Fault Hazard Specialist $ 200.00/hr. $ 175.00/hr. $ 155.00/hr. $ 145.00Ihr. $ 135.00Ihr. $ 125.00Ihr. $ 110.00Ihr. $ 100.00Ihr. $ 75.00lhr. $ 165.00Ihr. $ 150.00Ihr. Forensic Services (Ene:ineers. Geolouists. Environmental.Scientists) Senior Principal/Principal (Review, Analysisl Consultation) Senior Principal/Principal (Depositions, Hearings{ Mediation, Trials, Yz Day Increments) Senior Associate/Associate Senior Project! Project $ 250.00Ihr. $ 300.00/hr. $ 200.00/hr. $ 175.00/hr. Technical ServiceS SupelVising Engineering Technician Senior Engineering Technician Engineering Technician Field Technician (Prevailing Wage Projects) Deputy Geotechnical Inspector Senior Laboratory Technician Laboratory Technician Draftsperson $ 100.00/0r. $ 80.00lhr. $ 70.00/hr. $ 105.00Ihr. $ 100.00/hr. $ 85.00/hr. $ 70.00/hr. $ 85.00/hr. SUODQrf Services Copy Rate Outside Consultants Drilling/Equipment Rental Postage/Freight Blueprints Travel & Transportation Subsistence Field Equipment Usage Word Processing/Clerical $ 0.25/sheet Cost + 20% Cost + 20% Cost + 20% Cost + 20% Cost Cost $ $ 5.00Ihr. 55.00Ihr. NOTE: Travel time to field job sites is charged on a portal to portal basis at the appropriate hourly rate. Overtime for non- registered professionals and technicians is $35 over the hourly rate. A minimum of two hours will be charged for all personnel and company field equipment usage. ~;F ~",,'< .,,~; ',," '('< ~-}~ '::,,: r: <O:>~' :1 : ~~: ;_ -' ~ ~,::';;;, ~<'~;1 - :[ _ ~ >'>~~ ~,' ,~>~~ ~ '1" ~_ ~,-,'~' ""~.: ;t:;<c z ;-,0 : ';: :~=":': ~ :~ '" ':; _\:-( :" ~~~~-~/\,?- y,-, t" ~"O~~ ^ ". ,,' ,-, ", .,.,.... '. "'." ..' ,', ......... '.. " '''~iBEmBlA'' it :.::, : : ' :,'::. ,.;c',:,. :',: ',;.;;,: F,,' ;,';';':' .:.:. '..;)~" . , .r ;:;:'; ~:':;'i \';'; >; <:';,'..: ~;;:>; ;::' :~tl~: ~..y,'f;;~ DUDEK COf(POf(AT~ OfF'CF 60S THiRD STR~ET HK!NiT,\$. C.\U'CGF'.~,I/. ,;'j;,," Tno."'~~S,~i' T ~'}G.bC' IE.'~ ;: he nl,f,i6'i September 28, 2007 5588-01 Mr. Jack Abcarius Nolte Associates, Inc. 15070 A venue of Science, Suite 100 San Diego, CA 92127 Re: Proposal to Provide Environmental Consulting Services for the Proposed Pedestrian Bridge Over Santa Gertrudis Creek, City of Temecula, California Dear Jack: Dudek is pleased to submit this proposal to Nolte Associates, Inc. (Nolte) for the preparation and processing of an environmental document (ED) for the City of Temecula (City) pursuant to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEP A). Dudek understands that the proposed project includes the construction of a free span pedestrian bridge over Santa Gertrudis Creek to provide pedestrian opportunities for students attending Chaparral High School, located east of Margarita Road in the City of Temecula, California. Dudek will prepare biological technical studies to support the preparation of an ED in accordance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEP A) since local, state and/or federal funding will likely be used for the project. For purposes of this scope of work, and based on our knowledge of the project site and potential issues, Dudek has assumed that an Initial Study (IS) and Mitigated Negative Declaration (MND) ~iII be prepared to satisfy CEQA requirements, and a Categorical Exemption (Cat Ex) with the provision of technical studies will be prepared under NEP A: A more detailed cost estimate and scope of work is provided below. Task 1. CEQA/NEPA Environmental Document Dudek will prepare an IS under CEQA and a Cat Ex under NEPA. The IS/Cat Ex will be prepared as a joint document for review by the City, Caltrans District 8, and Federal Highway Administration (FHW A). Dudek will also prepare the following stand-alone technical studies as part of the IS/Cat Ex: Natural Environmental Study Report (Minimal Impact) and Wetlands Delineation and Mr. JackAbcarius Subject: Proposal to Provide Environmental Consulting Services for the Proposed Pedestrian Bridge Over Santa Gertrudis Creek, City ofTemecula, California Assessment Report (see detailed scope of work for these reports in Task 2 below). These reports will identify whether focused species surveys or detailed habitat assessments are required, and assess both direct and indirect impacts to wetlands. Should Caltraus and/or the City determine at a later time that additional technical reports are necessary to complete the IS/Cat Ex (i.e., traffic study, hydrology study, etc.) those reports would be provided to Dudek by the City as part of a contract modification. Based on a review of the current project description, Dudek does not anticipate that any additional technical reports will be required. In addition, Dudek will analyze the following topics in the ED, since stand-alone studies are not required: . Land Use and Planning . Environmental Justice . Socioeconomics . Agricultural Resources Study . Noise . Air Quality . Hydrology . Cultural Resources . Public Services . Transportation and Traffic . Utilities and Service Systems As previously stated, no additional stand-alone technical studies are anticipated at this time. However, should the City and/or Caltrans require additional studies for project approval a contract augment to cover these costs would be required. After technical studies are completed and approved by the agencies, the Draft ED would be prepared and shall conform to requirements of the Caltrans Local Assistance Procedures Manual. Two administrative draft versions will be prepared. After circulation of the draft document, if necessary, a public hearing would be held. Once the draft document is circulated and approved, the final document would be prepared for appropriate signatures. The IS/Cat Ex will follow FHWA's NEPA Checklist for Draft Environmental Documents. Dudek will be responsible for the provision of an independent evaluation of existing data and origination of new data. DU DE K 2 5588-01 September 2007 Mr. JackAbcarius Subject: Proposal to Provide Environmental Consulting Services for the Proposed Pedestrian Bridge Over Santa Gertrudis Creek, City of Temecula, California Dudek will then prepare and process a MND in accordance with the CEQA Guidelines. Dudek will prepare a Screencheck Draft document to be reviewed by the City and Caltrans/FHW A. Once all comments are received, a Draft MND will be prepared for public review. Three (3) copies of all submittals will be provided. Dudek will prepare final copies of the Draft ED and appendices for public review. One reproducible master of the Draft ED will be supplied to the City for copying needs, as well as a digital PDF version. Dudek assumes the City would be responsible for volume reproduction, distribution, and noticing the Draft ED. Following public review, we will prepare draft responses to all comments received during the public review period. Draft responses will be submitted to the City and Caltrans for review and comment. Dudek will incorporate comments into the Final ED. For budgeting purposes, preparation of responses to a maximum of 20 substantive comments has been assumed. (Note that a single letter may contain numerous individual comments). One reproducible master of the Final ED will be provided to the City, as well as a digital PDF version. It is assumed that one screencheck Final MND will be produced, followed by the final document. Dudek assumes the City would take responsibility for filing the Final MND including required noticing. Filing fees at the County Clerk's office and newspaper noticing fees are not included. Estimated Labor Costfor Task 1....................................................................................$34,400.00 Task 2: Biological Resource Technical Reports Task 2a. Natural Environmental Study Report (Minimal1mpact) In accordance with the Caltrans January 2000 Standard Environmental Reference (SER) guidelines, the results of the site reconnaissance will be presented in a Natural Environmental Study Report for minimal impacts (NESR[MI]). A NESR (M!) is prepared for projects having a minimal effect on the environmental and typically describes the existing biological resources present onsite and how the proposed project may affect those resources. The NESR (M!) will include the following information: a detailed project description and history including a project purpose and need statement; a discussion of the survey methodology and adequacy including personnel and survey dates; a description of the environmental setting including the vegetation communities and sensitive biological resources present onsite; a discussion of proposed impacts, including an assessment of the significance of impacts; a discussion of avoidance and minimization measures; and a summary of the project's consistency with applicable policies of DUDEK 3 5588.01 September 2007 Mr. JackAbcarius Subject: Proposal to Provide Environmental Consulting Services for the Proposed Pedestrian Bridge Over Santa Gertrudis Creek, City of Temecula, California the Multiple Species Habitat Conservation Program (MSHCP). Proposed mitigation requirements for potential impacts to sensitive resources, including wetlands and sensitive species, will be discussed in terms of the MSHCP, and city, state and federal laws and guidelines. Graphics will be prepared to illustrate the location of the site, the existing biological conditions and the proposed project impacts. A draft of the NESR will be provided to the City and Caltrans prior to preparation of the final document. This includes one (1) round of revisions, if requested, by the City and one (1) round of revisions by Caltrans. Additional revisions can be arranged if necessary. Estimated Labor Cost for Task 2a .................................................................................$9,085.00 Task 2b. Wetlands Delineation and Assessment Report The results of the jurisdictional wetlands delineation will be summarized in a wetlands delineation and assessment report, to be prepared in accordance with the current SER guidelines. The report will include the following information: a detailed project description and purpose and need statement; a discussion of the project setting including a description of the vegetation communities, hydrology, and soils present onsite; survey methodology and adequacy including personnel and survey dates; a discussion of the existing functions and values and any impacts proposed to those functions; a discussion of proposed impacts to wetlands communities, including an assessment of the significance of impacts in accordance with CEQA; a discussion of avoidance and minimization measures; and proposed wetlands mitigation requirements. Graphics will be prepared to illustrate the distribution of the wetlands onsite, as well as the location of unvegetated waters ofthe U.S. and data stations. A draft of the report will be provided to the City prior to preparation of the final document. This includes one (1) round of revisions, if requested, by the City and one (1) round of revisions by Caltrans. Additional revisions can be arranged if necessary. This task assumes that revisions to the report will not exceed eight hours. Estimated Labor Cost for Task 2b .................................................................................$3,800.00 Total Estimated Labor Cost for Task 2 ..........................................................................$12,885.00 DUDEK 4 5588-01 September 2007 Mr. Jack Abcarius Subject: Proposal to Provide Environmental Consulting Services for the Proposed Pedestrian Bridge Over Santa Gertrudis Creek, City of Temecula, California Task 3: Project Management/Administration Dudek views this task with importance and we believe that a focused, well-managed effort on the part of Dudek, the City, and the entire consulting team will be a key to achieving the processing goals for this project. Our scope of work devotes substantial task time to this work effort but it is our experience that this level of focus can result in substantial time and cost savings, as contrasted with a less focused and more prolonged project entitlement effort. For budgeting purposes, we have assumed a six-month work effort. This task includes regular, monthly progress reports to be submitted with our monthly invoice. A key element of Dudek's progress report procedures is identification of key upcoming issues and obstacles, as well as a restatement of tasks completed during the previous month. We believe this helps in identifying issues as early in the process as possible and maintaining project momentum. Included in this task are phone conversations to City staff, the consulting engineering team, Caltrans, subconsultants, and resource agencies, fax and e-mail transmissions, and in-house coordination. This task assumes 30 hours of Environmental Specialist IV time for project management and coordination. Please note that coordination with Caltrans District 8 tends to be more time intensive than other Caltrans Districts. Therefore, additional coordination beyond the initial 30 hours may be needed to facilitate completion of the project. This can be arranged through a contract augment if needed. Estimated Labor Cost for Task 3......................................................................................$3,900.00 Task 4: Project Meetings This work item includes the attendance of six project design team (PDT) meetings (at I meeting per/month for a period of six months) to update the City, Caltrans, and other project team members on the status and progress of the project. Should additional meetings be required beyond what has been specified in the abovementioned scope they will be billed on a time and materials basis in accordance with Dudek's 2007 Schedule of Charges. Estimated Labor Cost for Task 4......................................................................................$3,900.00 EXCLUSIONS The following work items are not included in this scope of work and cost estimate: the preparation and processing of an Environmental Assessment and a Findings of No Significant Impact (FONSI) under NEP A; permits through the ACOE, RWQCB, and CDFG; the processing DUDEK 5 5588-01 September 2007 Mr. Jack Abcarius Subject: Proposal to Provide Environmental Consulting Services for the Proposed Pedestrian Bridge Over Santa Gertrudis Creek, City of Temecula, California of a Section 7 Consultation with the USFWS; the preparation and submission of a conceptual wetlands mitigation and monitoring plan; the attendance of meetings beyond what was specified in this scope; and focused plant and wildlife surveys. However, should these services be required they will be provided under a separate cover. TOTAL LABOR COSTS The estimated labor cost for Tasks 1 through 4, totaling $55,085.00, would be billed on a time and materials basis in accordance with Dudek's 2007 Schedule of Charges (attached). Direct costs include mileage, deliveries, and reproduction. Direct costs are billed at 15% markup and are anticipated to be approximately $1,500.00, for a total cost of $56,585.00. Thank you for the opportunity to provide a scope and fee for the proposed project. If you have any questions please don't hesitate to contact me at (760) 479-4295. Very truly yours, DUDEK ~~}J~ Tricia Wotipka Project Manager/Biologist IV aU: 2007 Schedule of Charges DUDEK 6 5588-01 September 2007 ..to ~~ 50 ~ a '" (/J ., '" " 8<( N- ,,;- " " 0' c y " , ,., qj ., '" e:- 8:2 .S e:- '" N_ E N ... '" '" E ~ ~ '" E ~ a "' " 5<( '" E (/J CD I- " >- 'S .. (/J <Xl '" " .5 i;; e E a 'i3 :2 '" '" " "e- E! '" x '" gj w a. (!) 0 .,.0 0'" .~ OLL (.) ~ N- & ~ c " '" 0' ClI '" " CD i!! " ~ " 5 <..> 0 Ul ... 0 '6 > ol:! 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"'~ (/J.c iju.. g N '" " "' ., ... ., '" 0 ~ .~~ ~ ~ ~'" 0.0 Cost Proposal For Pedestrian/Bike Bridge Crossing @ Santa Gertrudis Creek $ 561 :~ $ 561 · , m"i!!iP.'ffi@fJ!iJIlj/J!liif!iif!f!iI/!fJ!4W1~ij;!JYL.!i!/IJ'~!f€fl!JJ/fj'~I!f/;I"Wif1!~'ififJ!lJ/i!'Yi1;;~fI(fitJfJ//i/.;.j;'f;W/,W!!ff!il,::"ffJj!:ifj'{fl!ifjffHWl/fjfj!fI(,1!1fjj!!ff,f:~!!!'5%01J!!/!t~0i1!r'AWifi)jfZ'7/,<<1!!!t1!1E;f'!,'!t&Yiff!!f.fJ/IJbi4f!ffJjI(!(,11f1'1!)7!j!Yj~;'!ifjf0'fJl!/l.41!f1i'l1'fj!il!1i!!!/;lf/l/!/fj;,i'f!f!,1!.W!hWJfi.1J!jN~(W'1ff.(1iLqi,i; (,l@J~J~flft/;l11BJ~JI,:1t@_I!;tf!,lriIJJL!Jl!l#',f!;J:lg"i!!,~lTjJJJi@;r!1f!!.e;~flJll!A!t\;M:!i,t'/ii,~rifj0jtill~1W.~I/!l!!/!I'!!ltf/!{('it/Ii!Iitl{,4;:z1f1j4;7Z;i1f.0.<<M'!!!Nf;f)!'v'Xf/I///;[j&~abZf$V!!!.MZ:;lJ11:Vt;Z~~k!t*Xk1;tfi~;;l~~J,iff,fh~J: See Petra's Scope and Fee . $ 10,406) $ 10,903 ~'~\'\ll:~\__._~_{;'.:;,./~"""''''''I_ SubtotalfeEj $ 10,406.0 . $ 10,903 ~'~lfjj~~EfD~'"!'llf'n'f!{'mflfifi1iif{fI4mr1l!Jififiil'UifiWl:(i$tJ!j0(;w'f~f!l!14~W/ll$$f/!frf.ff.;li~Wh~J)f$,0trfj/llf/l!%~'llIiX~1I4~7I$~J,ll!l/'lil/jlpft~'f!!jg>>J9JIj!/!Il1jJ51$!;/!!f//Jlf/!;fi~F!!I4N$fj!/fJ;,~f/4 'f}J".3;!",mte)jjiJ!tij;,,,~,,,,;,,1~!:.'!;>i."^'f,,,;,~,,'!!f'''''''i&,,,,Jj{F!flJ~""'iiJ~,;!",,,,M,,,I,,'d<,,,;!!!!,,,.,,",,,-.,,J:f~I"';",IIf!fj,9I!!JJLgiJJ!J1f!!!JjI-,,'ffIJ!i!J1.({'i/iiiwil).IjJ1J/fjjfJ/!f.i(;/!Hdlf!;,!lI1IJ!ild!!j;)ijLj~Jjf1!J{JIi:!fJt1jf!!!li'iJiJf!1d/;.!I/J/!J;1.1I.N!,.1f!iifIiJ!i!IIJ/!!!!iff!i;~ii!!!!IJ!jU!MJJ!!J.\~lijfl~ifii,"~j.'iI;'f>!/ld See Dudek's Scope and Fee (Optional Services) $62,093.50 $ 62,591 _B~~' 62,093.5 '$ 62,591 . . ,.i/f:a!lif%IIJ!j~Ylfff!.ff{C!iiiif!W!f.(I$-"I!(ii'?"'ff.'fll'Iilf1,j!f{fijfffilIVJlii'f!fI''''i!!fl,.WfffJ!jjff!Jlfli/JllqlJf~fil{/f!!lo/i"I!f!!!/Wlill/i!fg%VI/f!lfM!I#$!JlI"fll"l!b7i//;J!/ilfltl//ll.Wl/!!/ft/flJfl,l//:ilijit!l/lf!!f!#!/fI!#fflli/J#$$[if/iWpl/!#!/ii1l!!#iilflifJlff9#fi1ll$,Ii!!f/iiii1llii ~'Y/,r!!fMff';././!Jffl!li~fiA,ftli'f14/;,.;m;9~fA'~ff!!#J"jfj:B:t!J"JJ9J!n4!!!!;i!JmlJ!/!!jil/;#tfl!;l!/!I//!!!JIIP~*lt//iY/IiJlJi;!liI!JJ/JiI/I!/j/III!IIIII!IIii'!h;v,/i!j;,'!!I/!!.f/!til/!~1jj!j/!;,Urgjj;1/1!11/!!'&>>lJiI/!!I/1l!!!III/I/l!/!1;!lIlIf!!!/I/l/;gf!l!!tZ*&friJJJL47i!!JlJ1izif7l#//tiJtW!!J/!!//liir!Jj. Actcl1tlOnal Urounct :surveys at Ile-m pomts 120 "'"W!!~_!' ....,f!'^!..jjV~R' ':'.'17gj,!!.!IIi;;~~"~I'&i,g;!"!Ei "C"wif'm1!,mpqi1iii"!W'&I',i!illii~!17IUiIJ!If!if!!lil" iil~jri%!'w!l"'li"i' if!!lii!l!ifj!I'IW'~" ,'I'j!mmWgffI'IIWl7l11"! ml' lIi.!:w."I:;!"I"$ililfl!ffil/;Wi'll~ilfli%' '!fI!ll/i!Pil1<'#!!;!fifl!wm"II!IPiI!i'!.!!I!ilYf!i!Wi'~riI,l'" ~I\':~O'" "y~aulQ,"C)<!fI. ~';ns B!. " '.. S;~I I i:l:LeG'0/'!!I"1. Eiffiw/j~7fI. .i1ff~<<![fjl//. Wjl/l'f')'fJ~:ff!/iliJ.'1i!J,Y!{Jj14!1If.j;!Jllliji!&i//!JJ. !,~ ,1!!!Fi1i/if; ri''fIj}/!I//l'!Ij;'jIf!!,>>/"; '!l!fj~!;pi/lif.lif!!!l!f.-kj/WMI!.t{J{tjJ/j.'I;f,0:-/!h?l;; we"lz iifr/II} fjw>l~h" ,,=~ 'J,"11I",r>>i,""f1iMh"fII!}/L!lrf~lM.""",a. "" ~ . " 1f;,''''h';;W;P .,j,,,,,,,,,",.,,,,,'M:ffJJiifj,. ml&fffi/flliiff j.'(!,VfJl};t, ff.lffJ, l!!j1i!Mi/J1iiJj/!JA'iJJl!!,!;'fJJ;ifiA,.ifl!Ii/l/!l!!/I/;;~ '!!! rj i/tftJ//fJj,/fifNli..f!IJ!t,'jjf!lh ,lft,lll ~.;f!I!f!!i/!1f!!!!!/;.Iii,Wi!l/Jffljj,}!J!J.'Ij/!fj,>.i!l.i!/!i,dflil!i..'b,1i/; ,,_ h 1. Incorporate Utility Data 2. Coordinate w/ RCFC&WCD 3. Attend one Meeting w/ City & Resource Agencies 4. Prepare Prelim. Plan & Profile for the Ramps 5. Prelim. Horizontal Alignment for Approach Ramps & Trails 6. Prelim. Abutment Support Details 7. Prelim. Tie-in points at both Margarita Road and Roripaugh Road IS. prelim. constructIon cost !:ostImate is/; coorct. wi tlnctge . $ $ $ $ $ $ $ $ 786 166 561 2,091 2,091 2,343 1,139 1,471 BirAIlm..:""w::,1l .,:':'~, Subtotalfee$ $ 10,648 ~'Wf'l!il!.'."." "mI"o~'f'""'ii_, ~"'lii''''','!''~!Ji"l!!ii'j,1!J.ur."m'.,m!!Eaf!.'''!I' ,"II"I""'~I!I"I'''I''I!!II'I' "I!'illl"""Wf!l;~lg'''''..''''.~'''J!j.' '~I''''I' ,niilf"lilf"I"W1!i~".' '1f!I1I'1"!il'.'!I.I!I' "n;iii'f!'I"''lI!Ih~ ,,#pi" ~ :ti""- ,'!. ".'If. ~la!1)J Wi. illumE .. ,am ',yt q/flfft/, , ~ ZI1j,1!J4!!. wJ.; ~ '~l/;, Yi!/!!/j/fj. /fli lft,i!ll!/) 1 '/fi,\!fIt..'!ff;.iffI;1It,IJf!/d~r.f!." iJlA'r. ,W ~ ~ !fJIfI,ZIf/I/!iliilif!j, qZ///# "-m,, '''~''. . ,,,,.,,.,!/i ,~.",ljt..._L!iitB"....."%.....iJ......",,,..,,_..~..., !JL ...r.~, 'I"" ,,;..II .I!, /f!d'/j~ ,j1l/;4 '.J. I/!i~ ",I I&!! "Iill/iii;# .'/i1!J,1l .... , rIL'iIi, ,"{/'f!iJ!#!;iL~' d!',iJ!/Jj 1. Update and Refme Utility Data $ $ 476 2. Coordinate w/ RCFC&WCD $ 166 3. Coordinate w/ various Pre-fabrocated Bridge Manufacturers 4. Attend one Progress Meeting and one over-the-shoulder Review Meeting 5. Update & Refme Plan & Profile for the Ramps 6. Update & Refine Horizontal Alignment for Approach Ramps &, Trails 7. Coordinate w/ Geotech. & Prepare Abutment and Foundation, Design Calcs. $ $ $ $ $ 374 935 1,449 1,449 1,860 Cost Proposal For Pedestrian/Bike Bridge Crossing @ Santa Gertrudis Creek 8. Update Abutment and Foundation Support Details $ $ 2,614 973 9. Update Tie-in points at both Margarita Road and Roripaugh Road 10. Update Construction Cost Estimate $ 1,471 . .'~1I~__ ~..I.:I Subtotal fee $ $ 11,767 J $ 1,632 - ~~w\'~\r,i\I\\J."""l'Imll~'_~'a""\\\\~"'__gl ",' l\\\\\\\\~~\~~~?~ --'i~~M,~""" ~ ;, 'u'. Subtotal fee $ J$ 1,632 , "'-'''{ltff!l(,'iift!f.!jiffjl!jJ/!r=l';Wf!!!fi\W/i.'./!il~ff11.!!1jjff?!j{fif!rJJ!/fjfIf0'~$1!!/f~IJf!!/1!!/'J/!!k4'gi!!il/tl!lW'!f:;;i~!f!Ill/}jpj,''f!!ifjiNWi/!!!!}{iI'{Witwr'%'1IJ/J!Ilftilf1il!f!f/J!!/!liJ/iWIJIMiJrYiI/"Yf/tY!i!/W"^,I'i!!fPNf)""7J'!kJj[m,\";"li'tW"'[fJi'mil"'ilflfj'!'a"lfPl!iilt!'11;"MI"rl!fj!/(!ii1f"':;/li~"~f'l!J!!'f!.'"lIPIi fJj;'J!~g/!!rf'4,'fl/I:r!IL~!lJJl~Et!J//iljlZtf;1I;/r!lJ!/!!;;~$fJA/jJjI/i#'ifi'l!1~t/fj,f4~fI/!!;W;;/J/iJ!!/'ftf!ifl/Jli/Jil!/jji~~~Yir~Y!Lri!/;iliifAffir/!I!J!!!1I;;,V!!lI/!iK1{;;t~?0f4/ii~f;!/;;}t~;Jf~Jf!!ll!iJt/5f;;,14fjff&&l!!i0%"&f!d~4%j%~!;~P!lif!IA Prepare and Check Quantities for all items of work J $ 4,016 .~'~ SlJbtot;lI fe.e $ $ 4,016- Ifp'~Yffil'W&~ij\'l!la~~IErl!fp'?1linrl~'~j&ifg~i~~~*I'~Df'~iifi!i~~lIj~~f'if;o/$~I7!/,f/lII'f/!'f/Jl'!!lldIWI'&'iYf/i!/!//!fl!li$q!!//ltlk1f'll7!f//I//l!/'/l!/Ifflf/llll/!l'$% z,!J.,~.~t"S/!ii:!IIiJ!#!!/!!(~I" ",,,;!li'l%,;;IJ/!t;'ifJ,,~:!W!iJe~i'lII"iI~,ySJr,I!,,,,~,,1")!~_,,St~j,,"N'J"w,~","~j,'IY1!!i.~)J"J~';!~'~lIml~lIfj,Xr/!JH/I,j'!Jffi.l"II/lIiilYl!k,_"f/ifi/!1.~1f1!/J/l?i!!//!J;IIj!.ij/!l"/IJ!J.IIJ!//j/it!I!/;Z!!!iI!!//iIJ/lkl!i!z_'l/lil~(ij;,1I!/#/;/ 1,1///&; 1. Incorporate All Appropriate Comments Received $ 1,976- 2. Update Designs Appropriately $ 1,572 3. Prepare Technical Specifications $ 5,108 4. Prepare Quantity Summary Sheets $ 664 5. Prepare Erosion and Water Pollution Control Plan $ 2,207 6. Prepare Engineer's Estimate $ 374 ~bmit Com1")lete Packa~e $ 1,189 13,090 ",~'/i!1!jlm~I-!I'."!'I!C~l.mW!'f1!.'j"''iMI'mI' 71!1;"'I';.I....~"I'i..,ml"'I!"Ii!m"I"..WII..za'.. "iWllilJ!l'~!II!J..f!.I!{,.'.'lillk' 1'Ii.ll'''W/l!g''IJj' . "'IIi'~~."'f'{'I'WIi' 1'!'i;BI'1!!!WI'!i!!"'N!W~-'!/lI.&' ;IIIWfli1I/1 ~ull~~'5; Vf,!, 'l!Iai:I1J~I!;O ..1"n'.:li. "Ii,ii,- JiI'ft1$ '!il-Y~J:~, ,I,"al- Sf; .~ 'II; 11% Z:!fiJjlfi!!tj,*II" i'l!/ift.,7i ''f;!I)!.,}/~'0RI/,/!/!!jjj!7,1!/;;I/!i/'iW!!J,illii0/f!!!IJhNi,ji#'!f/!;.iJ!l ~.""',".....,.. . ..if!....."..,.,.,!..,..",.......<, ,MB"",..,,,,~ ,.., . ,.,"",.. "'m' .. di!!J'""..,!,""'I"",.,,.. ~..... ,', ,. ",' .... ~ff!.1ft" ;.; , ..h .//!JIj, ~$J" ..W&dUf/!!#""ff!Wffi..I"".,, 1m, !f!fdlm" i. Finalize Plans, Specs, and Estimates $ 1,853 2. Pre are and Submit Final Package $ 1,189 Subtotal fee $ $ 3,042 .......wff/!4if1/,.711i',#//!Ii"...WJ"I/'e;ffffj'il/!ft~lf.il1!"#!JJ'If/;.ww.r!f/IIJ/!I/m'ff!'Iw,'/I!/!!!!I&"f!/lW/!!!/fifff##/lff!!!!!!f//!!'liWlliWW#/!/lfffPl//lffifJIW##/W!f!/lflf!!~'fflwi;;,I![//ff/lll'!~'1ffif'#/f!!Y!!!!/!I//!//IW'/!IIff'I![J#,f!(/fI!i$Wllffff/i1g'!/!//!!#lll$1//!'wlI/!/J'!!!f/i f/,ilii/!;r;g///'!wl/;liiiMfltrslfl~II~1!J,il;9,'fjM)!i!igJj,~il/;;f/i///I1!1J.//!!Mlllf!//Ii;/!II!IIiIIir/lI/!!i/IJi//!!iEf//I//!!;!fIlAx!,!f!/i;;,f,fliiffl/!!!IIIJffffi/ii!iYilfi/lP/!/!!tAwfflW/!;il!/!#/11011!//J!!JJ///i;l/J;qlffl/;;!/#!/J%IIf#/l//tI/!//;li/;;//!!rl/Iii!f/;, 1. Progress Meeting Minutes $ 748 2. Prepare and Update Schedule $ 748 3. Overall Coordination with Agencies and Team $ 1,496 4. Quality Control Checks $ 1,496 5. Invoice and Budget Reviews $ 561 6. Monthlv Pro ress Re orts (Assume 6 months) $ 1,122 .. .~~ $l.IbtQtal f~el$ .. .. . ... -$6,171 Cost Proposal For Pedestrian/Bike Bridge Crossing @ Santa Gertrudis Creek Reimbursables ~~ $ 1,000 $ 1,000. ,.,._ _""m..___~~ ...l\\.~~i!il~~W Subtotal $ 1,000$ 1,000 1. Attend Pre-Bid Meeting 2. Attend Pre-Construction Meeting ~\'IIIIIII $ 40 $ 1,162 $ 40 $ 1,162 1\'\~~~_~~iIJ'R~'~n'l\'l!il"c!1I~jjllllllillllilil~'iIi'\'\Wi$~lllil'\'\~\'\_ a.'I$~" ". , ~_~\\~.\.~\.~~\\.,,\~ ~ti..~_~R._W _.~~ . n, '" , Subtotal fee, $ 80 . $ 2,324 Prime consultant Total Hours I Prime Consultant total labor fee. $ Prime + SubConsultant total labor fellt! $ $ 59,108 73,700. $ 132,807 ; ITEM NO.7 Approvals City Attorney ,~I.I,t.f/ Director of Finance l City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 23, 2007 SUBJECT: Award the Construction Contract for the Traffic Signal Installation at Rancho California Road and Business Park Drive, West - Project No. PW07 -02 PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract for the Traffic Signal Installation at Rancho California Road and Business Park Drive, West - Project PW07-02, to Ramilan Electric, Inc. in the amount of $179,500.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $17,950.00, which is equal to 10% of the contract amount. 3. Approve a transfer in the amount of $52,000.00 from the traffic signal at Butterfield Stage Road at Welton Street/Channel Street project to cover the construction costs, geotechnical testing and administrative costs for the Traffic Signal Installation at Rancho California Road and Business Park Drive West. BACKGROUND: This project includes the installation of an eight phase traffic signal at the intersection of Rancho California Road and Business Park Drive, West. There will also be a flashing beacon installed west of the intersection to alert motorists of the traffic signal when traveling east on Rancho California Road from the De Luz area. Due to long lead times and to help expedite the project, staff is in the process of obtaining the poles and controller equipment for this project. The total Engineer's estimate for this project was $110,000. The specifications allow thirty (30) working days for the completion of this project. Eight (8) bids were received and publicly opened on October 15, 2007. The results were as follows: 1. 2. 3. 4. 5. 6. 7. 8. Ramilan Electric, Inc. Lekos Electric, Inc. Mac Adee Electical HMS Construction Christopher R. Morales Steiny & Company, Inc. Moore Electrical Contracting Freeway Electric $179,500.00 $186,000.00 $207,975.00 $209,050.00 $209,998.00 $226,769.00 $250,921.00 $261,162.00 Staff has reviewed the bid proposals and found Ramilan Electrical, Inc., California to be the lowest responsible bidder. Ramilan Electric, Inc. of Anaheim, California has extensive experience with traffic signal projects and has successfully completed similar projects for other public agencies. FISCAL IMPACT: The Traffic Signal Installation at Rancho California Road and Business Park Drive, West - Project PW07-02 is a Capital Improvement Project funded through Development Impact Fees - Traffic Signals. Sufficient funds will be available after the transfer from the in the amount of $52,000.00 for the traffic signal Butterfield Stage at Welton Street/Channel Street project to cover the construction, geotechnical testing, and administrative costs for this project. The total project cost is $197,450.00 which includes the contract amount of $179,500.00 plus the 10% Contingency amount of $17,950.00. ATTACHMENTS: 1. Location Map 2. Project Description 3. Contract 1Il ~ iii ;:l 1O o ~ ~ o ~ <( ~ II. ~ <( () o :x: () z <( ~ \ Z o ~ :1 <( ~ ~~ ~UJ Z~ ClW -::> 1Il- ()~ _0 \t~ ~~ 1-0- E 't; ~ o >4 h t,,) l:; o ~ / ~ "kl~ OJ ';:l .~ t-' 't .. .~ o ... ~ z~ ..~. '.~.' .~. I; .~ .~ .~ .~ .~ I~ ll.; ... --g- ~ ... ., 1;; ., ,<:l <> .S ~ <=l o '" 1 g. j '" ~ ... ... ;;.; ~ ~ ~ ~ t:: U I Z o ... ."", j ~ rJ2 ~ ';;j ~ ... rJ2 U I oii ~ .E! <> .S o U ., oj .s " ... ~ 5 g ,<:l..z:J 00", ;::l >< ~ ~ '" '" <=l..... .~ ~ OJ '" <>;@ o " -;;;pe: 5"" '~J ~ 5 "'''' l~ .~ " "'1'i <> 0 15~pe: ~, J:j ~ g1~ tJ.EfJ ~ ti <ll ..,., l: ~ a.l .~ ~ ""'.'l:l il'~ .- " e .. .. <ll ~~ >. ... u ] ... 1 ;::l ] ... '" 0; 6b .~ '" <> ~ "-' g '<-< o 5 .~ t ~ <=l o <> "" fJ 6b .~ '" .s " .s " ~ J2 .S "'0 :=: 'Ii! ~... u 0 ;.q " ,;C:!"S ........ ... ""'1'\< il <ll .. -::;; 1$. ~ .~ J-s . <ll · i:l. I> e <ll " ~rJ2 i U .B j <=l o .~ OJ ] .~ <> "" fJ c ~ '" '" <> lEi g ~ o. .... .~ :=:0 'Ii! ~ o(!2 .l!, "l ON & "" ~ '" e I.) ti !II ..., e ~~ 5 ~ ~""' <ll ~ ';l ...."S. ~ ~ ul.) 010 010 10 10 00 10000 v) a"': 0 1./)" \O\OV)t'-- ......N....-ll.() N N E'I7 E'I7 fA- fA- Moooe ~8g8g ~ 0000 l"""'(\C)OO\OO = Vl ,.... '" f;A{A.fA-fA- 00010 1""'f 10 10 10 10 1""'f 10 0 0 0 Q 0"000" 1'-4 N \0 C'\l 10 = M "" N(AfA-fA-fA-1 00100 =8888 '7 0 0" 0" 10" O\C'l\ONO g (11 -q- '" €A- fA- fA- fA- 00001 0\1010010 =1010100 oh 10'" 10'" 10'" 10'" Q,N\ONO = M "" '" fA- fA- fA- &<7 _ceca :::: 10 10 10 10 "i' 10 10 10 a ....... lJ)" 0 10" v)"' = ~ 10 M-l"- = \0 \0 '" €A fA- fA- fA- ~ <ll C'# td f~ ~e a .9 ~ 1a 0 ~ '+1 '" " :~ i l~ "'C 0 0) 0 ~UOf-< 00 00 o,,~ Vl Vl ,.... ,.... Vl Vl ("\I" N" "" "" '" 0; 51 i:ii " ~ e f-< "" .... , .Q ~ -~~ ~ g S' - ., ... gp 8 il :a o e S '" Po" C'l 0 _ ~] .1)) 0 .-hOf-< j <I:i: e' (J~ ~~ ~.... o e I)) <ll .. ~ S = = e ","00 CITY OF TEMECUlA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW07.02 TRAFFIC SIGNAL INSTAllATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST THIS CONTRACT, made and entered into the 23'd day of October, 2007, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Ramilan Electric, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW07- 02, TRAFFIC SIGNAL INSTAllATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW07-02, TRAFFIC SIGNAL INSTAllATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine Sl. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW07-02, TRAFFIC SIGNAL INSTAllATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed CONTRACT C-1 R:\CIP\PROJECTSIPW07\PW07-02Traffic Signa! atRC Rd & Business Park Drive, WestlContracts AgreementslPW07-0Z Conlractdoc and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW07-02, TRAFFIC SIGNAL INSTAllATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and SUbject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED SEVENTY NINE THOUSAND FIVE HUNDRED DOllARS and NO CENTS ($179,500.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT C-2 R:\CIP\PROJECTSIPW07\PW07.02 Traflic Signal at RC Rd & Business Park Drive, West\Contracts Agreements\PW07.02 Contrn;t.doc B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT C-3 R:\CIP\PROJECTS\PW07\PW07.02Traflic Signal at RC Rd & 8usillt!$s Park Drive, West\Contracts AgreementsIPW07-Q2 Contracldoc 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT C4 R:\CIP\PROJECTSlPW07\PW07..(12Traflic Signal atRC Rd & Business Park Drive, West\Contracls Agreements\PW07-02 Conlractdoc 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, CONTRACT C.5 R:\CIPlPROJECTS\PWD7\PWD7-02 Traffic Signal at RC Rd & Business Park Drive, West\ContractsAgreemenls\PW07-Q2 Contractdoc CONTRACT directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 C-6 R:\CIPlPROJECTSIPW07\PW07-o2 Traflk: Signal at RC Rd & Business Park Drive, West\Conlracts Agreemen!sIPW07-02 Contractdoc: IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Ramilan Electric, Inc. 1915 W. Ball Rd. Anaheim, CA 92804 (714) 991-5836 Fax: (714) 776-9016 Kim Loan Jennifer Nguyen, President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT C-7 R:\CIP\PROJECTSIPW07\PW07-02 Traffic Signal at RC Rd & Business Park Drive, West\Conlla::ls Agreements\PW07-02 Conlract.doc ITEM NO.8 Approvals City Attorney ,~I.{o.{/ Director of Finance : / City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 23, 2007 SUBJECT: Acceptance and Filing the Notice of Completion for Slurry Seal Project FY 2006- 2007, Meadowview Area - Project No. PW07-03 PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Bill McAteer, Project Manager - CIP RECOMMENDATION: That the City Council: 1. Accept the Slurry Seal Project FY 2006-2007, Meadowview Area, Project No. PW07 -03 as complete. 2. File the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract. 3. Release the Materials and Labor Bond seven (7) months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On May 8, 2007 the City Council awarded a construction contract to American Asphalt South, Inc. in the amount of $930,970.00 to complete Slurry Seal Project FY 2006-2007, Meadowview Area, Project No. PW-7-03.This project included surface cleaning and crack sealing designated roadways in the Meadowview, Lake Village and Rustic Glen areas, applying Type II Rubberized Emulsion - Aggregate Slurry (REAS) and replacing striping and pavement delineation. The intent of this project was to inhibit the infiltration of water into the road structural section and prolong the service of the pavement. The original contract included 4,362,000 square feet of slurry seal. The contractor, American Asphalt South, Inc., has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works. The final contract amount is $1,024,066.92, which included two change orders totaling $93,096.92. These change orders added additional slurry and pavement delineation totaling 209,012 square feet. FISCAL IMPACT: The Slurry Seal Project - FY 2006-2007, Project No. PW07-03, is funded by the Public Works Department Maintenance Division FY 2006-2007 Budget for Routine Street Maintenance. The base amount of the contract was $930,970.00. Two (2) change orders were issued in the amount of $93,096.92 making the final contract amount $1 ,024,066.92. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit RECOROING REQUESTED BY AND RETURN TO, CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Asphalt South, Inc.. 14436 Santa Ana Ave., Fontana, CA 92337 to perform the following work of improvement: SLURRY SEAL PROJECT FY2006-2007, MEADOWVIEW AREA PROJECT NO. PW07-03 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on October 23, 2007. That upon said contract the The Guarantee Company of North America USA was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: SLURRY SEAL PROJECT FY2006-2007, MEADOWVIEW AREA PROJECT NO. PW07-03 6. The location of said property is: Meadowview Area, Temecula, California Dated at Temecula, California, this 23" day of October, 2007 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 23" day of October, 2007. City of T emecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW07\PW07-03 Slurrv Seal- Meadow View\Agreements\PW07-03 COMPLETION NOTE.doc Bond No.: 12036381 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW07-03 SLURRY SEAL PROJECT FY 2006.2007, MEAOOWVIEW AREA KNOW ALL PERSONS BY THESe PRESENT THAT: American Asphalt South, Inc., 14436 Santa Ana Avenue. Fontana, CA 92337 NAME AND ADDRESS CONTRACTOR'S a Corporation roo In wh.tliiir. CorPOration, ,..rlnoi'$hlp or indMdv80 _ ,hereinafter called Principal, and The Guarantee Company of North America USA, 1800 Sutter Rd., #735 Concord, CA 94520 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, In the penal sum of Ninel\[-Three Thousand Ninety-Seven DOLLARS and 00/100 CENTS ($ 93,097.00 I in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ounoelves, successors, and assigns, joIntly and severally; firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of , :2007; a copy of, Which is hereto attached and made a part hereof for the constnJclion of PROJECT NO. PW07- 03, Sl,URRY SEAL PROJECT FY 2006-2007, MEADOWVIEW AREA. WHEREAS, said Contract provides that the Prinoipal will fumish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, .by the OWNER, against all defects in workmanShip and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on _ , ,2007. NOW, THEREFORE, THE CONOITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said jOb pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials' were fumished thereunder, then this obligation shall remain in full force and virtue, olhelWise this instrument shall be ,void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable eXpenses and fees shall be included, including reasor. ~ble attorney's fees incurred by the City of Temecula in successfully enforCing this obligation, all ,to be taxed as cO$ts and included In any judgment rendered. ' MAlN'T'BU\NCG."6Qtm .., Rl\OJf'lpflOJECTSl~[lj'.03SI!.m'Se!f.MolIdq.y~0IlclII~~$eos.1bl The Surety hereby stipulates end agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be perfonned thereunder, or to the specifications accompanying the same, shall In any way affect its obligations on this bond, and it cloes hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, ot to the Speciflcations; Signed and sealed !hls 2nd day of October ,2007. (Seal) Attorney-In-Fact PRINCIP~ ~morlcan Asphalt South, Inc. By: W/1i/; ;MI} ..4,vv (Name)!, . /)"" 'le r~;etf!II1,1 (Title) ./ / .<1./ By: JC.L ./..A..,..... /4~ J',{tJe (Name) - Jt!'C~,{,~ (Tille) J SlIRElY Tho Guarantee Company of North Amorica USA By: ~~ ( J James B. Shea (Name) V (Title) APPROVED AS TO FORM: Peler M. Thorson, City Allorney "''''''''1<'''11'''"'' .... R'flClP'E'RO~.a:JSftm'69",-~vreVl\mdO~S STATE OF California COUNTY OF Santa Clara ] On October 2. 2007 , before me, D. L. Gatto, Notary Public (here insert name and title of !he offICer) personally appeared James 8. Shea, Attorney~ln-Fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the perscn(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/lhey executed the same in hislherltheir authorized capacity(les), and that by hl5lherlthelr signature(s) on the Instrument the person(s), or the entity upon bahalt of which the person(s) acted, executed the Instrument WITNESS my hand and official seal. Slgnatu~ (SEAL) ~ Thjs areafof' Official No/ariaZ Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this torm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TlTLE(S} o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) 01'1 ENTlTY(lESl SIGNER(S) OTHER THAN NAMED ABOVE lD-i232 (REV. i0106) AL~PURPOSEACKNOWLEDGEMENT . THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having Its prtnclpal office In Southfleld, Michigan, does hereby constilute and appoint Jeffrey N. Aber, James B. Shea, Dora M. Hockett Leavitt Pac(fic Insurance Brokers, Inc. Its true and lawful attomey(s)-ln.facl to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nalure thereof, which are or may be allowed, required or pennltted by law, statute, rule, regulation, contract or otherwise. The execution of such Inslnmen~s) In pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all Intents and purposes, as W the same had been duly executed and ackno\\1edged by Its regularty elected officers at the principal office. The Power of Attorney Is executed and may be ceI1lfied so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31. day of December, 2003. The President, or eny Vice President, acting y,;th any Secretary or Assistant Secretary, shall have power and autl1ortty: 1. To appoint Attorney(s)-in-fact, and to aulhortze them to execute on behaW of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory In the nalure thereof, and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection \\1th obligations In favor of the Kenlucky Department of Highways only, It Is agreed that the power and authority hereby given to the Attomey.in-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at leaslthlrty (30) days prtor to the modification or revocation. Further. thls Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond. undertaking, contracts of indemnity and other writings obligatory In the nature thereof, and such sismature and seal when 50 used shall have the same force and effect as though manually affixed. ~TEec. " 0" ~@; ~.~ IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to be affixed by Its authorized officer, this 10th day 01 May, 2007. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland ~1C<fU-, ./ Stephen Dullard, Vice President On this 10th day of May, 2007 before me came the IndivIdual who executed the preceding instrument, to me personally kno\Ml, and being by me duly sworn, said that he Is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument Is the COrporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ~J Cynthia A. Takal Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting In Oalc/and County IN WITNESS WHEREOF. I have hereunto set my hand at The Guarantee Company of North Amertca USA offices the day and year above written. f1~ (). -r~ I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which Is sllllln full force and effect. IN WITi!lESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 2nd day of October, 2007, ~"-'~ Randall Musselman. Secretary RECORDING REQUESTED BY AND RETURN TO~ CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Asphalt South, Inc. to perform the following work of improvement: Slurry Seal Project FY' 2006-2007, Meadowview Area Project No. PW07-03 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on October 23, 2007. That upon said contract the Guarantee Company of North America, USA was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Slurry Seal Project FY 2006-2007, Meadowview Area Project No. PW07-03 6. The location of said property is: Meadow View Area, lake Village and Rustic Glen Temecula, California. Dated at Temecula, California, this 23" day of October 2007 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 23" day of October 2007 City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW07\PW07-03 Slurry Seal - Meadow View\Agenda Placements\Notice of Completion.doc Form , I I I I I I I I I I I I I I I I I I CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW07-03 SLURRY SEAL PROJECT FY2005-2007, MEADOWV/EW AREA This is to certify that Ilno//I~A ,q":f'k;l..s;p~hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW07-03, SLURRY SEAL PROJECT FY 2006-2007, MEADOWVIEW AREA, situated in the City of Temecula, State of California, more particularly described as follows: INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. . Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description --A-- Dollar Amount to Dispute -A- Pursuant to Public Contract Code !}7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated: ;/)Ji~7 / / . 011.& SignAture I.. J4~~ - VJ/'.-! /i:.Rh~,L Print Name and T e By: RElEASE R-' R;\CIPIPROJECTSIPW07\PW07-Q3 Sluny Seal- Meadow V1ewlBid Docs\SpecsWvv07-o3 Specs.doc ITEM NO.9 Approvals City Attorney M(o.f/ Director of Finance .. / City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: October 23, 2007 SUBJECT: Completion and Acceptance of the Citywide Concrete Repairs Phase II FY 2006-2007, Project No. PW07-06 PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Kavon Haghighi, Project Manager RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Concrete Repairs Phase II, FY 2006/07, Project No. PW07 -06, as complete and; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount and; 3. Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On June 12, 2007, the City Council awarded a construction contract for Project No. PW07-06, Citywide Concrete Repairs Phase II, FY 2006/07, to Del Rio Enterprise, Inc. of Temecula, California in the amount of $138,392.82. The project repaired various damaged concrete facilities maintained by the City. Restoration involved removal of the damaged concrete and placement of new material. The Contractor has completed the work to the satisfaction of the Director of Public Works, and all work will have a warranty for a period of one (1) year from the date of acceptance by the City. The final construction contract amount is $150,917.44. The construction retention will be released thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: The Citywide Concrete Repairs Phase II FY 2006/07, Project No. PW07 -06 is funded by the routine street maintenance operating account. The base amount of the construction contract was $138,392.88. Two contract change orders in the amounts of $9,419.24 and 3,105.32 were issued to undertake more concrete restoration; thus, the final construction contract amount is $150,917.44. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and final Release RECORDING REOUESTEO BY AND RETURN TO, CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Del Rio Enterprise, Inc., 42181 Avenida Alvarado, Temecula, CA 92590 to perform the fOllowing work of improvement: CITYWIDE CONCRETE REPAIRS PHASE II - FY2006-07 PROJECT NO. PW07-06 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on 23" day of October, 2007. That upon said contract the Western Surety Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as fOllOWS: CITYWIDE CONCRETE REPAIRS PHASE II - FY2006-07 PROJECT NO. PW07-06 6. The location of said property is: Various Locations. Temecula, California Dated at Temecula, California, this 23" day of October, 2007 City of Temecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Susan W. Jones MMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 23" day of October, 2007. City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PWQ7\PW07-06 Citywide Concrete Phase II - FY 2006-07\SPECS\CQMPLETION NOTE PWQ7-06.doc PW07-06 Bond #70337952 CITY OF TSMECUI.A, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW07..Qf CITYWIDE CONCRETE REPAIRS PHASE H. FY 2006-07 KNOW ALL PERSONS BY tHESE PRESENT THAT: Del Rio Enterprise, Inc. 42181 Avenida Alvarado, Temecula, CA 92590 NAMEANDADDRESSCON~CTOR~ a Corporation (M In wIIG/INJr I CaipaRltIO!l, ~fp or/tll1lV/dUeI) hereinafter called Prlnc:lpal, and Western Surety Company 43391 Business Park Dr., Ste. C-6, Temecula, CA 92590 NAME AND ADDRESS OF SURETY hereinafter oallEld SURETY, are herd llnd fll1l'lly bound unto CITY OF TEMECULA, hereinafter called OWNER, In the penal eum of Thirteen Thousand Eiaht Hundred I hlrtv Nine OOLLARS and ?q/1 rJQ CENTS ($ 13.839.29 lln lawful money of the United States, said sum being not !sesthan ten (10%) of thl)Contract value payable by the said City of Temeeula iJrldertha _1'1I18 of the Contract, for the P/ilyment of Wh\Qh, we bind oumelves, succeesQl'6, and assigns, jointly and severally, firmly by these present&. THE CONDITION OF THIS OBUG,ATION is such that whereas, the PrIncipal entered Into a certalnContractwltl1theOWNER,datedthe 1?t~ day of June ,2007, a copy of which Is hereto attached and made a part hareof for the constlUctlon of PROJECT NO. PW07. 08, CITYWIDE CONCRETE REPAIRS PHASE II .. FY 2lJ06.07. WHEUAS, said conttact provldell that the Principal will fum/aha bond conditioned to guarantee (or the period of a (1) year aft$' ....1",../81 of the flnalestlm~ll. on sa~.IOb, by the OWNER, against all defeCtsln workmanship end materials which may becorne apparent during said periOd; and WHEREAS, the said Contract has been completed, and wes the final estlmate approved on _ October 9th , 2007, ' NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION II SUCH, that If WIthin one year from the date of approval of the final "Imate on said job pl.ll'8UBnt to the Contract, the wort( done under the terms of laid Contract shaD dlacloee poor workmlilll8hlp in the execution of saki work, II1d the carrying out of the tenne of 8ek1 Contract, or It llhalllilPpear that defective material8 were fUml8hed theleunder, then this obligation flhaU remalnin full force and virtue, otherwise thIe instrument shall be void. As Iii pm of the oblfglltlonaeCUl'8d hereby and /n additIOn to the face amount 8pec1f1ed, COBt$ and reasonable CtXpeJ1888 ."d feee 8hall ~ Included. Including reasonable attorney'e fee8lnourrEld by the city of Temecula In aUCC8asfUlly enfon:lng this obllgaUon, all to be taxed Q COllte end IocIUdeldlneny Jl.Kf9mtnt l'$~d, ~Cl!llllNll Mol ~~~.......".,. ",,' '.'" Ift!tQI.fr:IIl The Surety hereby stipulates Elnc:l agrees that no change, extension of time, alteration, or addition to the terms of the C....;. ..~~ or to. the wort< to be perfonned thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and It does hereby ~Ive notlce of any such change. e,"';.i ,';.00 of time, alteration, or addlllon to the terms of the Contrect, or to the WOrk, or to the Specifications. IN WITNESS WHtiREOF, this Instrument has been duly executed by the Principal and Surety aboV$ named, on October 10th . 2007. (Seal) SURETY By: - :;'4Zr0~' t- ~4 M hLLIM'b (Nllme)~ (TIlle) . By: Melod (Name) Attornev-in-Fact (TIlle) APPROVED AS TO FORM: (Name) Peter M. ThQnlon, CIty AlIOtrley (T1tIe) PEAl'Ol\MANCli BOND P64 ;.""'.;i.....~__" hN_",.". ,.JI~ Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John A Ruiz, Melody L Spaur, Individually of Murrieta, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its heha!fhonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney. pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its w.y"......... seal to be hereto affixed on this 8th day of November, 2002. ~~R~~ 1~~"4;~ i:'Jt(.; ~)~i ~~" ~E:A" '~!i ~;;;:: ~"i~ !'iI....-...., ~2p: WESTERN SURETY COMPANY /?/~'!/' Paul raruflat, Senior Vice President State of South Dakota County of Minnehaha } ss On this 8th day of November, 2002, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30. 2006 +~~~~~~~~~~~~~~~~~~~~~~~~+ $ D. KRELL $ , , $~NOTARY PUBLIC~~ s SOUTH DAKOTA s , , +~~~~~...~~~...~~~~.........~~~~... + ~ ~PUbliC My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is stilI in force, and further certifY that the By~Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corp?ration this I ('J~ day of Oc \01 6f2 . GOO I WESTERN SURETY COMPANY q. ~{:'ls:~seCremry Fonn F4280-01-02 '>'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''."""."",,,,,,,,,,,'.,,,C...',,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,,,,,,,,,,,.,...,,,,,.,,,,,,,,,,.,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"'''',,,..,''''''''''''''''''''.,,,,,,,,,,.,,,,,.,,',,,,,,,,"""'""'''''''''''''''' "'''''''f State of californ~ ,,} CALIFORNIA ALL-PURPOSE ' County of V#Y;de S5. CERTIFICATE OF ACKNOWLEDGMENT ; 'beforeme,~1l E&I.' /I Aj~A'J?#~1 II~ /, cjiJ;;;;;meofNoc",YP"bli' / i . ~P""tedN'm'('lotSi9""I'i On Iv {}c/;!J& ~()7 Date personally appeared D personally known to me - or - ~roved to me on the basis of satisfactory eVidenceLbc. ~orm(s) of identification ('"';If D credible witness(es) to be the person(~hose name.fsl- is/~ subscribed to the within instrument and acknowledged to me that-ttefshe/tlley executed the same in ~herMleir authorized capacityftes}, and that by+ri5/her/-tfteir signaturetsl- on the instrument the persontsl; or the entity upon behalf of which the person~ acted, executed the instrument. ' WITNESS my hand and official seal. _. K.A.EBJ l ' GOMM. #1 711111 :z , fjolary PllbliC .1:1i10llll,' . 'l!! . . Riv.erside CQunty,. .MY COmm: €llDJIesJIay,'4, 2Oll81 ~ Signature of Notarye..) ~ ~ ! i ~ ~ ! , g , i I (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Illtili: m 1Jl"~-'-"'-<1L~,!I;;~~ titled/for the purpose of D Additional Signer(s} 0 Signer(s)Thumbprint(s) o Other containing pages, and dated The signer(s) capacity or authority is/are as: D Individual(s) D Attorney-in-Fact D Corporate Officer(s) Title(s) o Guardian/Conservator D Partner Limited/General D Trustee(s) D Other; representing: Name(s) ofPerson{s)or Entity{ies)$igneris Representing . II """"""""""'''lKi,,,,,,m,,,,,,,am"',,,'v.<O'''OYU13''oailMuN:O>''''''''''''l.\\OI,,,,moWXln,,,,,,,,,,",..,..,'l.\\ON""""""''''.\D'''''1Nl\''''''"''O''':l'>lN3''0CI31"ut'''''1N''''''''''''''~'''",''''''n\Ia<''''''"'~'''''''lON""lN"''''''''''O"'",,",mo'W,OND'I'''Hmo,,",,,,,,,,,"Jm<J''',",''C''"'''",,llo\'''"''''"''''''<lTIMO'''''1N'''''''''V'o"",. (i;l Copyright 2004 Notary Rotary, lne. 925 29th St., Des Moines, IA 50312-3612 Form ACI<02. 02/04. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW07-06 CITYWIDE CONCRETE REPAIRS PHASE" - FY 2006-07 This is to certify that DeJ /lo El1ieljlfl'S"~hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW07-06, CITYWIDE CONCRETE REPAIRS PHASE II - FY 2006-07, situated in the City of Temecula, State of California, more particularly described as follows: t/er;~~ LeC/J,.~~f: t7Mr;t?IJ~_ PtUD7~~c:' INSERT ADDRESS OR DESC~IBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract; the CONTRACTOR hereby disputes the following amounts: /J ~escriPtion f/U5>LL. ~ Dollar Amount to Dispute -@- &- if Pursuant to Public Contract Code g7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and~mployees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated: JD ./0 - 61 By: Si~~L- pf1~:i a~~F41.H PfW7' RELEASE R-1 R:lClPoPfl:OJECTS\PN.oo~ConcnllePha8eJl-P(2l106-01\SPECS'I"Ml1.(l8SPEOS.cb: ITEM NO.1 0 Approvals City Attorney MH" Director of Finance " I City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 23, 2007 SUBJECT: Payment to Southern California Edison Company (SCE) for Street Lights along Pechanga Parkway, Project No. PW99-11 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Steven Beswick, Associate Engineer RECOM M ENDA TION: Authorize payment to SCE for Street Lights along Pechanga Parkway in the amount of $102,128.95. BACKGROUND: During the design of the Pechanga Parkway Phase II Street Improvement Project, it was determined that it would be necessary to install 34 new street lights. SCE has completed their street light design and has requested payment of the costs to provide the services. The costs also include the design and processing of traffic control plans through the City. To avoid any delays to the pending Pechanga Parkway Phase II Street Improvement project, SCE provided instructions to expedite construction. The street light construction will be completed prior to and during the Pechanga Parkway Phase II Street Improvements. SCE is requesting the City pay the sum of $102,128.95. This amount is the final cost estimate to install the new street lights. FISCAL IMPACT: 210-165-668-5804. Adequate funds for the new street lights are available in Account No. ATTACHMENTS: SCE Letter and Invoice c_' SOUTHERN CALIFORNIA EDISON' An EDISON INTERNATIONAL''! Company May 15, 2007 SALES INVOICE NAME: PROJECT LOCATION: CITY OF TEMECULA PECHANGA PKWY S/O HWY 79 TEMECULA, CA 92592 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: KEVIN T BENSE 26100 MENIFEE RD ROMOLAND, CA 92380 PROJECT DESCRIPTION: J4063 IN 34-22500L LPSV ST LIGHTS, 32 ON 32' ELECT, 2 ON EX WOOD, SCHEDULE LS-l All prices are applicable for a period of 90 days from this date and are subject to change thereafter. CUSTOMER INVOICE INFORMATION SCE ACCOUNTING NON-REFUNDABLE Construction Cost TOTAL = $ $ 102,128.95 102,128.95 Cust Adv Non-Ref-ITCC/Non-Ref 142.130 = $ 51,072.00 ITCC Cust Adv/Non-Ref 253.930 = $ 51,056.95 PLEASE PAY THIS AMOUNT $ 102,128.95 -------------- -------------- TOTAL $ 102,128.95 -------------- -------------- SCE PROJECT NUMBER: 6777-4258, J4063 C.W.O.# C.J.O.# Name: CITY OF TEMECULA prj Loc PECHANGA PKWY S/O HWY TEMECULA, CA 92592 26100 Menifee Rd. Romoland. CA 92585 SOUTHERN CALIFORNIA EDISON" CUSTOMER COPy All EDISON INTERNATiONAL I" Cwmpany May 15, 2007 CITY OF TEMECULA PO BOX 9033 TEMECULA, CA 92589 Subject: SCE Project Number: Project location: 6777-4258, J4063 PECHANGA PKWY S/O HWY 79 TEMECULA, CA 92592 Thank you for the opportunity to assist you with your electrical needs. The information provided below indicates requirements needed to complete your project. Please read and follow the directions so that your project may be completed in a timely manner. o Enclosed are two copies of our invoice. Return one copy of the invoice with your payment. o Please return all applications and/or agreements fully completed. o An Edison Inspector must approve all underground systems. Call (909)226-9328 prior to construction. o Call the Edison Company at (800)655-4555 to make application for electrical service. o Final electrical inspection from the Local Governmental Building and Safety Department must be received before we can energize your service. Please return the documents and/or payment in the enclosed self-addressed envelope. After receipt of the required documents, your project will be scheduled for construction. If you have any questions, feel free to call me at (951)928-8242. Sincerely, KEVIN T BENSE Customer Service Planner Enclosures 1':;;: t nn M"'nifee Rd, i't roT soT~~" An EDISON INTERNATJONAL'!" Cornpan~' May 15, 2007 SALES INVOICE NAME: PROJECT LOCATION: CITY OF TEMECULA PECHANGA PKWY S/O HWY 79 TEMECULA, CA 92592 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: KEVIN T BENSE 26100 MENIFEE RD ROMOLAND, CA 92380 PROJECT DESCRIPTION: J4063 IN 34-22500L LPSV ST LIGHTS, 32 ON 32' ELECT, 2 ON EX WOOD, SCHEDULE LS-l All prices are applicable for a period of 90 days from this date and are subject to change thereafter. ------------------------------------------------------------------------ CUSTOMER INVOICE INFORMATION SCE ACCOUNTING ------------------------------------------------------------------------ NON-REFUNDABLE Construction Cost TOTAL : $ $ 102,128.95 102,128.95 Cust Adv Non-Ref-ITCC/Non-Ref 142.130 : $ 51,072.00 ITCC Cust Adv/Non-Ref 253.930 : $ 51,056.95 PLEASE PAY THIS AMOUNT $ 102,128.95 -------------- -------------- TOTAL $ 102,128.95 ---------~---- -------------- SCE PROJECT NUMBER: 6777-4258, J4063. C.W.O.# C.J.O.# Name: CITY OF TEMECULA prj Loc PECHANGA PKWY S/O HWY TEMECULA, CA 92592 26100 Menifee Rd. ROI11oland, CA 92585 ITEM NO. 11 ORDINANCE NO. 07-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND WINCHESTER HILLS I, LLC THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula ("City"), a general law City in the State of California, Lennar Homes, Inc., A California Corporation and Winchester Hills I LLC, a California limited liability company ("Winchester"), entered into a Development Agreement dated August 28, 2001 for the development of the Harveston Specific Plan ("Development Agreement"). B. On August 29, 2007, Winchester Hills I LLC, filed Planning Application No. PA07-0252, a Development Agreement Amendment, in a manner in accord with the City of Temecula General Plan and Development Code. C. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to Conditions of Approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. D. On October 3, 2007, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed First Amendment to the Development Agreement ("First Amendment") as prescribed by law at which time all persons interested in the proposed First Amendment had the opportunity to and did address the Planning Commission on this matter. E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed First Amendment, the Planning Commission adopted Resolution No. 2007-39 recommending to the City Council approve the proposed First Amendment. R:/Ords 2007/0rds 07-14 F. On October 9, 2007 the City Council of the City of Temecula held a duly noticed public hearing on the proposed First Amendment as prescribed by law at which time all persons interested in the proposed First Amendment to the Development Agreement had the opportunity and did address the City Council on this matters. G. Following due consideration of the testimony received at the public hearing and the administrative record, the City Council adopted this Ordinance. Section 2. Environmental Compliance Findinqs. The City Council further finds, determines and declares that: A. On August 28, 2001, the City Council approved and certified Final Environmental Impact Report ("FEIR") for the Harveston Specific Plan. Pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal. Code of Regs. S15000 et. seq.), the City of Temecula has prepared an Addendum to make a minor change to a previously certified EIR in connection with the proposed First Amendment and the construction of a motor vehicle dealership within the Specific Plan. B. The City prepared an Initial Study to determine whether the First Amendment or construction of the motor vehicle dealership within the Specific Plan triggered any of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines which require the preparation of a subsequent or supplemental EIR. The Initial Study evaluated the impacts of the proposed First Amendment and the motor vehicle dealership on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation/Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance. C. The Initial Study compared the environmental impacts of the proposed First Amendment and motor vehicle dealership with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Harveston Specific Plan EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by the First Amendment and subsequent construction of a motor vehicle dealership within the Specific Plan. Nor will the proposed First Amendment and motor vehicle dealership increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Harveston Specific Plan EIR. D. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. E. Further, the Initial Study analyzed whether new information exists that indicates that the project would introduce new significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as R:/Ords 2007/0rds 07-14 2 infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation measures previously identified as infeasible were in fact feasible. F. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the Planning Commission finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the Development Agreement Amendment and the construction of the motor vehicle dealership within the Specific Plan. G. The City Council finds that the Initial Study and Addendum were prepared in compliance with CEQA. The City Council certifies and approves the Initial Study and Addendum prepared for the Development Agreement Amendment and the construction of a motor vehicle dealership within the Specific Plan. The Planning Commission further finds that the conclusions reached in the Initial Study and Addendum represents the independent judgment of the Commission. H. The custodian of records for the Initial Study, Addendum and all other materials, which constitute the record of proceedings upon which the Planning Commission's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula, California. Section 3. Further Findinqs. The City Council hereby finds and determines that: A. The First Amendment is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula General Plan and each of its elements in that the Development Agreement makes reasonable provision for the use of certain real property for industrial, commercial and residential development. B. The First Amendment complies with the goals and objectives of the Circulation Element of the General Plan. C. The First Amendment is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City. D. The First Amendment will not be detrimental to and will promote the health, safety, or general welfare of the community because it provides adequate assurances for the protection thereof. E. All legal reconditions to the adoption of this Ordinance has occurred. R:/Ords 2007/0rds 07-14 3 Section 4. Approval. The City Council of the City of Temecula hereby approves that certain agreement entitled "First Amendment to Development Agreement by and between the City of Temecula, Lennar Homes, Inc., a California corporation, and Winchester Hills I LLC, a California limited liability company" ("First Amendment") between the City of Temecula and Winchester Hills I LLC in substantially the form attached hereto as Exhibit A, with such changes to the First Amendment as may be mutually agreed upon by Winchester Hills I LLC and the City Manager and which are in substantial conformance with the form of such First Amendment attached hereto. The Mayor is hereby authorized to execute the First Amendment, including related exhibits and attachments on behalf of the City. A copy of the final First Amendment when executed by the Mayor and the other parties shall be placed on file in the Office of the City Clerk. Section 5 Authority of City Manaqer. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the First Amendment and to administer the City's obligations, responsibilities and duties to be performed under the First Amendment, including but not limited to, approval and execution on behalf of the City of acceptances, certificates, certificates of completion and such other implementing agreements and documents as contemplated, necessary or described in the Development Agreement. Section 6. Certification. The City Clerk shall certify to the adoption of this Ordinance. This Ordinance shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of October, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2007/0rds 07-14 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07-14 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of October, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of October, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2007/0rds 07-14 5 DRAFT: SEPTEMBER 28, 2007 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Attn: Susan Jones, MMC City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY This First Amendment to Development Agreement is made and entered into as of October 23,2007, by and between the CITY OF TEMECULA, a California municipal corporation ("City") WINCHESTER HILLS I LLC, a California limited liability company ("Winchester") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 ofthe California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this First Amendment, the parties hereto agree as follows: 1. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: 985430.4 September 28, 2007 DRAFT: SEPTEMBER 28, 2007 A. On August 28, 2001, the City Council of the City of Temecula approved that certain agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Develooment Aereement"). B. The Development Agreement was recorded on January 16,2002 as Document No. 2002-026470 in the Official Records of the County of Riverside. C. The real property which is subject to the Development Agreement and this First Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar Prooertv"). The second is the Winchester Hills I LLC Property which is specifically described in Exhibit A to this First Amendment and incorporated herein as though set forth in full ("Winchester Prooern:"). D. Winchester proposes to develop Parcel A and Parcel B within the Winchester Property as one or more motor vehicle dealerships. Parcel A and Parcel B are specifically described in Exhibit B to this First Amendment and incorporated herein as though set forth in full ("Parcels A and B"). E. City and Winchester continue to work diligently with Caltrans to define and convey the Interchange Improvement Area to Caltrans as provided in Section 4.3.3 and 4.3.4 of the Development Agreement, but have not yet completed the process of identifying the Interchange Improvement Area and the conveyance ofthe land to Caltrans despite these efforts. F. Winchester desires to develop Parcels A and B with one or more motor vehicle dealerships. Development of a motor vehicle dealership on Parcels A and B will benefit the City by providing many quality jobs, enhancing the motor vehicle sales market in the City, and providing increased tax revenue to the City. G. Winchester and City desire to provide for the development of Parcels A and B for the benefit of both parties while continuing to provide for the conveyance of the Interchange Improvement Area to Caltrans and the development regulations described in the Development Agreement, and particularly Section 4.3.4, enabling Winchester to work around the uncertainties surrounding the identification and conveyance to Caltrans of the Interchange Improvement Area. H. This First Amendment modifies certain provisions of the Development Agreement which affect the Winchester Property. No provisions of this First Amendment are intended to nor shall be construed to affect the Lennar Property or any portion thereof. I. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 3, 2007 and by Resolution No. 07- recommended to the City Council that this First Amendment be approved. 985430.4 September 28, 2007 2 DRAFT: SEPTEMBER 28, 2007 J. On October 9,2007, the City Council of the City of Temecula held a duly noticed public hearing on the proposed First Amendment and the CEQA documentation at which time all persons had the opportunity to testify in support of or opposition to the proposed First Amendment and Addendum. K. On October 9,2007 the City Council of the City of Temecula adopted Ordinance No. 07- approving this First Amendment. 2. Amendment of Section 2.3 of Develooment Allreement. Section 2.3, Term, of the Development Agreement is hereby amended to read as follows: "2.3 Term. This Agreement shall become effective on the Effective Date. Unless terminated pursuant to Section 2.4, with respect to the Lennar Property, this Agreement shall terminate at 11 :59 p.m. on the tenth (10th) anniversary of the earlier of either (i) the date the CITY issues either the first (1 st) building permit for a residential dwelling unit other than a model unit or for a commercial structure within the Lennar Property or (ii) the second (2d) anniversary of the Effective Date. The termination shall occur subject to specific extensions, force majeure, revisions, and termination provisions of this Agreement. Unless terminated pursuant to Section 2.4, with respect to the Winchester Property, this Agreement shall terminate at 11 :59 p.m. on the fifteenth (15th) anniversary of the later of either: (i) the date the CITY issues the first (1 st) building permit for a non-residential building on the Winchester Property, other than for motor vehicle dealerships or ancillary uses thereto on Parcels A and B; or (ii) the date the limitations on development imposed by Section 4.3.4 hereof terminate." 3. Entire Allreement. This First Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter hereof, except for the Development Agreement, Operating Memoranda, are merged into this Agreement and shall be of no further force or effect. 4. Effective Date of First Amendment. This First Amendment shall be effective upon the date a bona fide escrow closes on the sale of Parcels A and B for development of automobile dealerships. Winchester shall notify the City of the date such escrow closes and shall provide City with reasonable documentation of the close of escrow. Within thirty (30) days following such notice, City and Winchester shall approve and execute an Operating Memorandum to be recorded confirming the effective date of this First Amendment. 985430.4 September 28, 2007 3 DRAFT: SEPTEMBER 28, 2007 5. Lender Consent. Winchester warrants and represents to the City that the following persons hold recorded deeds of trust upon or other beneficial interests in the Winchester Property and that each has duly executed a "Lender's Consent And Subordination To Development Agreement And First Amendment To Development Agreement" which are attached hereto as Exhibit C: (1) : (2) 6. Authoritv to Enter Into First Amendment. Winchester warrants and represents to the City that its approval of this First Amendment will not violate any agreements it may have with other persons. The person or persons executing this First Amendment on behalf of Winchester warrant and represent to the City that this First Amendment has been duly approved by Winchester and that all applicable notices, approvals and procedures were complied with and that he or she is duly authorized by Winchester to execute this First Amendment on behalf of Winchester and has been duly authorized to do so. 7. Other Terms Remain. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect. 985430.4 September 28,2007 4 DRAFT: SEPTEMBER 28, 2007 IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Chuck Washington Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 985430.4 September 28, 2007 5 DRAFT: SEPTEMBER 28, 2007 WINCHESTER HILLS I LLC, a California limited liability company Name: Title: Name: Title: 985430.4 September 28, 2007 6 DRAFT: SEPTEMBER 28, 2007 State of California ) ) ss ) County of On before me, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary 985430.4 September 28, 2007 7 DRAFT: SEPTEMBER 28, 2007 State of California ) ) ss ) County of On before me, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary 985430.4 September 28, 2007 8 1002666.1 EXHIBIT A LEGAL DESCRIPTION OF WINCHESTER PROPERTY RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 TEMECULA, CA 9259] Revised July ]9, 2001 May 10, 2001 IN 15100181.M2 Page 1 of 2 EXHIBIT liB" LEGAL DESCRIPTION WINCHESTER IDLLS I LLC PROPERlY That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 109, 110, 120 and 121 (together with those portions ofvacated Date Street, Monroe Avenue and Jackson Avenue adjoining said lots), aU as shown on a Map of the Temecula Land and Water Company filed in Book 8, Page 359 of Maps, Records of San Diego County, California, together with a portion of Parcel 4 of Parcel Map No. 19677 (together with that portion ofYnez Road adjoining said Parcel 4), all as shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps, Records of Riverside County, California, described as a whole as follows; BEGINNING at the most northerly corner of said Lot 121, said comer being a point on the centerline of said J ackson Avenue; thence along said centerline South 41038'09" East 1290.73 feet to the most northerly corner of said Lot 120; thence continuing along said centerline South 42014'33" East 1290.79 feet to the most easterly comer of said Lot 120; thence continuing along said centerline South 41052'47" East 794.56 feet to the centerline of said Ynez Road; thence along said centerline of Ynez Road South 30007'20" West 432.]4 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1675.00 feet; thence along said curve southwesterly 699.71 feet through a central angle of 23056'04" to the easterly prolongation of a course in the southeasterly line of said Parcel 4 shown as "North 83048'37" West" on said Parcel Map; thence radially from said curve, along said course and prolongation North 83048'44" West 142.82 feet to an angle point in said southeasterly line; 1002666.1 EXHIBIT A LEGAL DESCRIPTION OF WINCHESTER PROPERTY Exhibit liB" Legal description Winchester Hills I LLC Property Revised July 19,2001 May 10, 2001 IN 15100181.M2 Page 2of2 thence along said southeasterly line South 63031'52" West 962.68 feet to the most southerly corner of said Parcel 4 and a point in the northeasterly line of Interstate 215; thence along said northeasterly line through the following courses: North 19016'02" West 376.97 feet; thence North 30035'46" West 450.40 feet; thence North 28041'12" West 758.78 feet; thence North 18040'57" West 346.24 feet; thence North 28039'30" West 199.91 feet; thence North 3r45'1l" West 253.17 feet; thence North 29058'20" West 449.97 feet; thence North 21"49'02" West 251.95 feet; thence North 28024'39" West 519.02 feet to the northwesterly line of said Lot 121; thence along said northwesterly line North 48010'42" East 1190.56 feet to the POINT OF BEGINNING. CONTAINlNG: 135.24 Acres, more or less. SUBJECT To all covenants, rights, rights-at-way and easements of record. EXlDBIT "B.l" attached hereto and made a part hereof. This description was prepared by me or under my direction. Raymond L Mathe, P.L.S. 6185 My license expires 3/31/02. H:\PDA T A\lS lOO181\OFFICE\ WPWIN\1811g1002. WPD 2 EXHIBIT A LEGAL DESCRIPTION OF WINCHESTER PROPERTY '1000' 0 1090 2000 ~-~,_......... ',,~.o _,r GRAPHiC- SCALE (.0 ~ ,\0 10 ~j r c1 ~c., !b"'\. ~~ :9 '1,,~\'O't{ ~Q? ~~,,\"'J 1'<:-" :-"'~. l:)V' ~. "\ Il' f--'"?- ~ @ PCL .A" PER INST. NO. 37561B,0.R. c,' (10-30-91): EXHIBIT uB-l U ATTACHMENT NO. 2 LEGAL DESCRIPTION OF '~I NCHESTER HILLS I LC PROPERTY 1i o oD 8 )C w a:; ;;- Ln l- iD :E )C ~ 1i . CClN.TIIUCTION 53 a:; o e ;r. -" ... I- '" C Q. ".. @ INST. NO. .389573,O.R. ( 11-0B-91 ) SHEET 1 OF 1 SHEET PL.,ANNINO . ceSIQN ~ 27555 Y1EZ ROAO. SUITE 400 iCI.ECU.A. CAL.FOINA e2S1-4S7V 909.G78JlO42 . FAA 909.678.1240 . _1lBF.com CONSUL-TINt3 F'!ELD SoOK JOB NO. 15100181-1042 REVISED ...u.. Y 19', 2oo1l MAY 10, 2001 SCALE t..l000' 1002666.1 3 E Q. :;; ~ o ...... <Xl "- I"- e DRAFT: SEPTEMBER 28, 2007 EXHIBIT B LEGAL DESCRIPTION OF PARCELS A AND B PARCEL A: Parcel A is described as Parcel A of Lot Line Adjustment No. PA07-0249 recorded as Document No. 07- in the Official Records of Riverside County. PARCEL B: Parcel B is described as Parcel B of Lot Line Adjustment No. PA07-0249 recorded as Document No. 07- in the Official Records of Riverside County. 985430.4 September 28, 2007 10 DRAFT: SEPTEMBER 28, 2007 EXHIBIT C LENDER'S CONSENT LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 1. _ ("Lender") holds a security interest in a portion of the Property described in the First Amendment to Development Agreement set forth above between Winchester Hills I LLC, a California limited liability company ("Owner"), and the CITY OF TEMECULA, a municipal corporation ("City"). 2. Lender acknowledges that the Development Agreement and the First Amendment to the Development Agreement are integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the Property as well as vesting Owner's land use entitlements pursuant to the terms of the Development Agreement and the First Amendment to the Development Agreement. 3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Development Agreement and the First Amendment to the Development Agreement and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Development Agreement and the First Amendment to the Development Agreement and their recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the First Amendment to the Development Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: 985430.4 September 28, 2007 11 DRAFT: SEPTEMBER 28, 2007 IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of ,2007. Lender: Name: Title: Name: Title: 985430.4 September 28, 2007 12 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 12 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT OCTOBER 9, 2007 A regular meeting of the City of Temecula Community Services District was called to order at 8:07 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero ABSENT: o DIRECTORS: None. Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 1 Minutes RECOMMENDATION: 13.1 Approve the minutes of September 25, 2007. 2 TCSD Proposed Election for Service Level C Rates and Charqes RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT INITIATING PROCEEDINGS TO INCREASE THE RATES AND CHARGES FOR SERVICE LEVEL C COMMENCING FISCAL YEAR 2008-2009, TO PROVIDE AN ANNUAL ADJUSTMENT THERETO AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH MOTION: Director Washington moved to approve the Consent Calendar. Director Naggar seconded the motion and electronic vote reflected unanimous approval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. R:\Minutes\100907 CSD GENERAL MANAGERS REPORT No additional comments. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD ADJOURNMENT At 8:09 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 23, 2007, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\100907 2 DISTRICT BUSINESS ITEM NO. 13 Approvals City Attorney ,~~~.{/ Director of Finance " I City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: October 23, 2007 SUBJECT: Summer 2007 Program and Activities Overview PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors receive and file this report on programs and activities offered throughout the summer months of 2007 by the Community Services Department. BACKGROUND: Staff members within the Recreation and Cultural Arts Divisions of the Community Services Department have successfully concluded the programs, activities and special events that were scheduled during the summer months of 2007. Listed below are several of the exciting opportunities that were enjoyed by the citizens of Temecula: 4th of July Extravaganza Summer Day Camp Summer Aquatics Program The S.M.A.R.T. Program FIT Program - FIT Finale Family Fun Nights Family Activities on Monday's (F.A.M.) Aglow in the Park Special I nterest Classes Summer Sunset Film and Concert Series Harveston Lake Park Summer Concerts Art Cart Summer Explorers Camp History Programs and Exhibits Excursions Themed Special Events Gallery at the Merc Art Exhibits The Community Services Department continues to diligently strive to plan, program and implement activities, programs and special events that our Community desires to participate in. Recreation Superintendent, Julie Pelletier and Cultural Arts Administrator, Martin Betz are here tonight to provide the Temecula Community Services District with detailed information and an overall evaluation of the summer programs. FISCAL IMPACT: These programs were budgeted appropriately in the FY 07/08. R:\SIRE REPORTS ET AL\Recreation\FY 07.08\Summer 2007.dot TCSD DEPARTMENTAL REPORT ITEM NO. 14 Approvals City Attorney MH/ Director of Finance .. / City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: October 23, 2007 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant RECOMMENDATION: Receive and file. The Dog Park at Margarita Community Park is nearing the end of its 90 day maintenance period. The Dog Park at Margarita Community Park is an approximate 1 'V4 acre fenced dog park with sod, irrigation, shade trees, picnic tables and drinking fountains. This park site will opening November 2007. Wolf Creek Community Park and Wolf Creek Linear Park are currently under the maintenance period. These two park sites consist of six acres of open turf, basketball courts, parking, picnic gazebos, tot lots, drinking fountains, benches, a restroom facility, etc. It is anticipated that this park site will be complete prior to the end of the year. The 2007 Encore Event for the Old Town Temecula Community Theater was held on October 4, 2007. The band Nice Day, a local band, opened the event followed by a 90 minute concert by the legendary rock band Foghat. The event was well attended. The Recreation Division is currently planning the annual Halloween Harvest Festival to be held on Friday, October 26, 2007 at the Ronald Reagan Sports Park Roller Hockey Arena. This event is open to the general public and offers carnival games and candy prizes, costume contests, screaming contests, balloon jumps, face painting and more. The Cultural Arts Division is busy preparing for the remainder of the summer/fall sessions of classes and activities as outlined in the Guide to Leisure Activities, and programming the old Town Temecula Community Theater's musical and theatrical performance line-up. In addition, the Cultural Arts Division is responsible for the day-to-day operations at the Old Town Temecula Community Theater, the History Museum and the Imagination Workshop, the Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for the refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. The Recreation Division is currently programming for the upcoming fall and winter classes and activities, including the Annual Christmas Tree Lighting Ceremony, Santa's Electric Light Parade, Holiday Lights and Festive Sights, Breakfast with Santa and other special events. REDEVELOPMENT AGENCY ITEM NO. 15 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY OCTOBER 9, 2007 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:09 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards ABSENT: o AGENCY MEMBERS: None. Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No reports at this time. RDA CONSENT CALENDAR 1 Minutes RECOMMENDATION: 15.1 Approve the minutes of September 25, 2007. MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency Member Comerchero seconded the motion and electronic vote reflected unanimous approval. RDA EXECUTIVE DIRECTORS REPORT No additional comments. RDA AGENCY MEMBERS REPORTS No additional comments. R:\Minutes\100907 RDA ADJOURNMENT At 8:09 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, October 23, 2007, at 5:30 p.m. for Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Maryann Edwards, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\100907 2 RDA DEPARTMENTAL REPORT ITEM NO. 16 Approvals City Attorney MH/ Director of Finance .. / City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: October 23, 2007 SUBJECT: Redevelopment Departmental Monthly Report Attached for your information is the monthly report as of October 23, 2007 for the Redevelopment Department. First Time Homebuyers Program Funding in the amount of $100,000 is available for FY 07 -08. Residential Improvement Programs The program budget for FY 07-08 is $230,947.17, with $36,950 funded on 7 units. The amount available to each participant is $7500. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to develop a home-ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets will consist of 5 new single-family detached homes. The houses are arranged along Pujol Street and a private lane. The preliminary grading permit has been issued and rough grading has been completed. Off site improvements are under construction. A tentative tract map has been approved for the adjacent property for two additional single family detached homes. Dalton Mixed-Use II On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project consists of 24 units and over 5,000 sq. ft. of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. Construction is completed and all 24 apartment units have been leased. The tenant improvements are underway on the commercial units. Dalton Mixed-Use III On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft. of retail/commercial. Vertical construction has begun. It is estimated that construction will be completed in the fall of 2007. The project is located on the north side of Fifth Street, west of Mercedes. Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: Palomar Hotel - Paint Exterior, New Windows and Doors La Menagerie - Design and Install Wood Blasted Signs Chaparral Center Building - Sign Program The Bank of Mexican Food - Paint Exterior Door & Window Frames Old Town Promotions/Marketing Quilt Show/Old Town Temecula's Haunted. Haunted West The Quilt Show was held in Old Town Temecula on Saturday October 6, 2007 from 10:00 a.m. - 4:00 p.m. The event was sponsored by Valley of the Mist Quilters Guild and The City of Temecula. Over 150 quilts were hung along porches and eaves of business on Old Town Front Street between Moreno Road and Santiago Road. In addition, there was a Small Quilt Silent Auction, a Large Quilt Live Auction and new this year, Quilts for Sale. Both auctions were held in the Old Town Community Theater Courtyard. The featured Quilter was Lyn Mann. Admission was free and all proceeds went to benefit Hugs Foster Family Agency. Old Town Temecula's Haunted, Haunted West will be held on October 27 & 28, 2007. The weekend will include trick or treating at participating businesses throughout Old Town. It's a full day of goulish fun with Rosa's Cantina pumpkin toss, pumpkin decorating, face painting and costume contests. In addition, the pet costume contest will be held on Saturday, 1 p.m. at Sam Hicks Park and the 7th Annual Costume Walk Contest on Sunday at 3 p.m. at Butterfield Square on Front Street. The weekend will also include Dynamite Dave, that Wild West Zombie with a ghostly past. Other upcoming events will include Erie Stanley Gardner November 2, 3, & 4 and Dickens of a Christmas November 24 - December 23. <Fbrl9un~ 1R.nc/e /gr/e's Cam Ken Gardner t...~fI ~tM"'~fI~ 4&V1~ ~~r i \ Murder Mystery Weekend 7~.m. C]IC}Tewn Temecu/a's CemmunTt,y T~eater <fbmateur !Peet j{eur 5,-30 {i.m. Qtt~e''/m ere' From his house at Rancho del Paisano in the Temecula Valley, he would dictate his books into an audiograph for his seven secretaries to transcribe. Join us for an evening of Western Music, Cowboy Poetry and Campfire Songs at the Old Town Temec- ula Community Theater. Ken Graydon will emcee the evening with his wonderful songs and poetry. Around Uncle Erle's Campfire features cowboy poets and western musicians in a musical! lyrical tribute to the man and his expeditions. BUCKSHOT DOT (Dee Strickland Johnson), a native of Arizona, grewup on the Navajo and Hualapai reser- vations, and at the Petrified Forest. She was the Acad- emy of Western Artists' 1997 Female Cowboy Poet of the Year, a finalist for that award in 1998 and for video of the year in 1999. BELINDA GAIL & CURLY MUSGRAVE: most recently earned them the coveted award of Group or Duo of the Year for 2006. Belinda Gail, through her breathtaking performances, has earned the Western Music Association's award for Female Performer of the Year for an unprecedented four consecutive years 1999 - 2002, and 2005. Curly Musgrave has been dubbed "One of the most innovative and influential singer/songwriters in Western Music today. He is the Western Music Association's "Male Performer of the Year" and "Songwriter of the Year" for 2002 and 2003 and Songwriter of the year for 2004. Gardner was an avid adventurer who spent several years exploring Baja California in makeshift dune buggies. His travels explored and charted pictographs, unexplored caves, archaeological sites, and the rugged terrain of Baja. Included in his travels was his discovery of the California gray whale migration along the Baja coastline. Campfires with songs and tales of the Old West were said to be the conclusion of many Gardner expeditions. The T emecula Valley Museum will have a special Gardner Exhibit throughout the weekend, which includes a classic recreational vehicle show at Sam Hicks Park. For more information on this event and other Temecula Valley Museum Activities call: (951) 694-6450. CO)]lcdllHO)\\\VJl1l lHeJnmCecClUlJl<ul !\JCO)\VCE)1m\1b)(E)Jr ;g, 33 (Or LJh, ;gCO)CO)J' Erie Stanley Gardner Exhibit at the Temecula Valley Museum Mystery Solving Contest Forensic Fun at Children's Museum Writing Workshops Perry Mason Short Film Contest Classic R V Exhibit Mystery Writing Competition KEN GARDNER: First visited Uncle Erie's Campfire in 2003. An urban cowboy, he writes his own material and opened for Baxter Black in Elko in 2006. His poetry appears in the 2007 book, "Sleepin' in the Bunkhouse." Tickets: $20 available at 1-866-653-8696. Writers Wanted: Enter the Erie Stanley Gardner Mystery Writing Contest and win cash or gift certificates. Win- ning entries are published in The Californian Newspaper. Mystery Writing Workshops & Forums at the Mary Phillips Senior Center 41845 Sixth Street Old Town Temecula There are three age categories: Adult, High School and Middle School writers. Story should not exceed 1,000 words for middle school en- tries, 1,500 words for high school entries, and 2,500 words for adult entries. The Deadline is October 12, 2007. Prizes, sponsored by Rosenstein and Hitzeman, AAPLC, are awarded the top three entries in each category. Perry Mason Super Sleuth Mystery Game: Help us s01ve the crime. This year's Mystery Contest is an interactive game patterned after the Perry Mason Boardgame and includes improvisational Q&A with Characters from the Crime. Winning entries in the adult category will re- ceive: $200 for first place, $100 for second place, and $50 for third place. Winning entries in the school and one-act mystery play categories will receive $100 gift certificates for first place in both Middle and High School category, $75 gift cer- tificates for second place and $50 gift certificates for third place. How To Write a Killer Mystery A 2-hour workshop Marilyn Meredith, author of the Deputy Tempe Crabtree mystery series and the Rocky Bluff P.D. series, will conduct a two-hour step-by-step seminar at 10 a.m. on writing a mystery. Recommended for anyone who wants to learn the keys to plotting, outlining and methods for writing a mystery, Meredith's seminar will guide writers through the process and leave them with the beginnings of a mystery noveL Saturday, November 3rd, 10 a.m. to Noon Super Sleuths who solve the crime will have their names placed into an entry for a final gan1e show contest at the Old Town Temecula Community Theater, Sunday, November 4, 3 p.m. Three Fi- nalists will vye for prizes and awards. See the website and Old Town Mercants for clues. Clues are unveiled Friday, Saturday and Sunday in Old Town. Amateur TV Producers Wanted: Showcase your film directing and editing skills by producing a short scene from the "Case of the Drowning Duck." Top entries will be viewed Sat- urday, November 3rd at the Mystery Weekend. Winners will be announced Sunday, November 4, during the mystery weekend conclusion, 3 p.m. at the Old Town Temecula Community Theater. All entries will produce the same scene. Write to Win Guerilla Tactics for Revolutionary Writers: In camouflage gear and with unique vitality, Sunny Frazier will conduct "Write to Win: Guerrilla Tactics for Revolutionary Writers." Frazier's short stories have won over 30 awards and can be found in anthologies "Valley Fever," "Seven By Seven," and "Never Safe." Her first novel, "Fools Rush In," won the Public Safety Writers Best Novel A ward in 2007. Saturday, November 3rd, 12:30-1:30 CHARACTER Q & A: Friday, 7:00 p.m. November 2nd, 2007 First game show, requiring 3 contestants and an audi- ence. Call (951) 694-6450 for reservations to the Mys- tery Weekend Opening Reception at the Temecula Valley Museum. TEMECULA HISTORY & INFORMATION Entries are to include references to historical buildings, people - living or dead, and sites in the Temecula Valley. Here are some web sites to help you with your research: Saturday, 11:30, 1:30, 2:30 and 3:30 p.m., November 3rd, 2007 Visit the Courthouse (Penny Dome) at 28600 Mercedes for details, locations and case updates. Visit 1013katy.com for additional clues and contest. Pick up your game board at participating merchants. Question witnesses and suspects to solve the crilne. Forensically Speaking: Ask the experts and be sure your forensics, crilne scenes and reporters are written correctly. Our panel of experts lead a forum in a roundtable discussion. Karrie Carlson is a retired police officer now teaching forensic science. John Hall is the Californian Public Safety and Courthouse reporter, and the Riverside County Coroner. Saturday, November 3rd, 1:30-2:30 p.m. www.cityoftemecula.org/temecula/history/ www.oldtemecula.com/history/ http://destem.com/ displaypage.php?page=history www.tvhsi.com/parks/Temecula_Museum.htm Sunday, 12:30, 1:30 p.m. November 4th, Saturday Mystery Game Continues. Question wit- nesses and suspects. At the Old Town Temecula Community Theater Courtyard 42051 Main Street. BOOKS & REFERENCES: The historic valley ofTemecula: The early Indians ofTem- ecula (A Paisano Press librito) (Unknown Binding) Temecula: At the Crossroads of History (Hardcover) Story Line & Movie Production Television/Video Forum This forum will discuss the Syd Fields method of story line as well as key components to a successful storyline, creating believable dialogue, plot lines and paradigms. Saturday, November 3rd, Time tba. Sunday, 3 p.m. Conclusion at Old Town Temecula Community Theater, 42051 Main Street. See www.esgmysteryweekend.org for more infor- mation and an application or call (951) 678-1456 R.S.V.P. Recommended. Seminars are free. Call (951) 694-6412 PUBLIC HEARING ITEM NO. 17 Approvals City Attorney MH/ Director of Finance .. / City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: October 23, 2007 SUBJECT: Development Code Amendment - 2007 Clean-Up (Planning Activity LRP2107) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LRP21 07) BACKGROUND: The City Council adopted the Development Code in 1995. Since its adoption, the City Council has periodically amended the Development Code when new policy is introduced, to improve its clarity, and to make necessary corrections. This amendment also proposes to introduce new policy, and to make a number of clarifications and corrections within the Code as follows: . Provide additional quantifiable performance standards for projects that exceed target Floor Area Ratios (FAR); . Allow swimming pools and spas in the buildable area of front yards in the VL, RR and HR residential zoning districts; . Amend parking standards for medical or dental offices to increase the number of required parking; . Amend landscaping requirements for freestanding monument signs to require landscaping that is proportional to the sign height; . Make reference to Water Quality Management Plans (WQMP) in various sections of the Development Code to create consistency between the Development Code and required WQMPs; . Make reference to Americans with Disabilities Act (ADA) in various sections of the Development Code to create consistency between the Development Code and ADA; and . Make other minor clarifications and typographical corrections, which are not included in this staff report, but can be found in the attached draft Ordinance. The Planning Commission considered the proposed Ordinance on September 19, 2007. At the meeting, the Commission adopted Resolution No. 07-38, recommending that the Council adoptthe proposed Ordinance. The primary discussion of the Planning Commission involved the draft Ordinance regarding the Category I justifications for allowable increases in the Floor Area Ratio beyond General Plan and Development Code targets. The Planning Commission recommended that the proposed Category I justifications be divided into three separate criteria, and that all requests for increases in FAR meet two of the three criteria in order to be considered for an increase in FAR. The Category I justifications are: 1) the project generates significant sales tax or transient occupancy tax; 2) the project generates a significant number of higher paying jobs; and 3) the project provides enhanced public facilities that are needed by the City beyond the required mitigation impact measures. Staff agrees with the Planning Commission's recommendation and has revised the draft Ordinance to reflect these changes. The Planning Commission also raised questions regarding the proposed amendments for landscaping requirements for slopes within residential and commercial developments. Their questions involved the relationship between the Landscape Ordinance (Title 17) and the Grading Ordinance (Title 18) to ensure that the two were compatible with one another. The current standards within Title 17 are intended to address permanent landscaping requirements for slopes within residential or commercial developments; whereas, the current standards within Title 18 address temporary landscaping requirements for slopes for erosion control purposes. Following the Planning Commission meeting, staff re-evaluated the proposed changes and agrees with the Commission's concerns regarding the inconsistencies that may have been created by the proposed changes to this section of the Code; as a result, the revised draft Ordinance does not contain the previously recommended changes for slope landscaping requirements. ENVIRONMENTAL DETERMINATION Staff reviewed the proposed amendment to Chapter 17 of the Temecula Municipal Code in compliance with the provisions of the California Environmental Quality Act ("CEQA"). Staff prepared an Initial Study for the proposed project, and based on that Initial Study, determined that the proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula Municipal Code and that that there is no possibility that the Code amendments may have a significant effect on the environment. One of the proposed amendments establishes performance criteria for projects that propose an increase in Floor Area Ratio (FAR) above the Target FAR and does not change the target or maximum FAR, nor does it preclude an independent analysis of a site specific development project. The remaining proposed amendments do not result in an increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. Staff is proposing an exemption from the requirements of CEQA pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. FISCAL IMPACT: None. ATTACHMENTS: Proposed CC Ordinance 07-_ Initial Study September 19, 2007 Planning Commission Staff Report ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LRP2107) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findinqs. The City Council of the City of Temecula does hereby find, determine and declare that: A. The proposed amendments to Title 17 of the Temecula Municipal Code were processed and an environmental review was conducted as required by the California Environmental Quality Act. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on September 19, 2007, to consider the proposed amendments at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendments, the Planning Commission adopted Resolution No. 07-38, recommending that the City Council approve the proposed amendments to Title 17 of the City of Temecula Municipal Code. D. On October 23, 2007, the City Council of the City of Temecula held a duly noticed public hearing on the proposed amendments at which time all persons interested in the proposed amendments had the opportunity and did address the City Council on these matters, and following receipt of all public testimony closed the hearing. Section 2. Further Findinqs. The City Council, in approving the proposed Municipal Code amendments in Planning Activity LRP2107, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1 A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the General Plan and all applicable provisions contained therein. Section 3. Environmental Findinqs. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff prepared an Initial Study for the proposed project, and based on that Initial Study, staff concluded that there is no possibility that the Code amendments my have a significant effect on the environment. The proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula Municipal Code. One of the proposed amendments establishes performance criteria for projects that propose an increase in Floor Area Ration (FAR) above the Target FAR and does not change the target or maximum FAR, nor does it preclude an independent analysis of a site specific development project. The remaining proposed amendments do not result in an increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. Section 4. The City Council of the City of Temecula hereby amends Tables 17.08.040A and 17.08.040B of the Temecula Municipal Code by replacing footnote number 2 of each table to read as follows: "2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050A" Section 5. The City Council of the City of Temecula hereby amends Subsection 17.08.050.A of the Temecula Municipal Code by replacing it in its entirety and by adding Table 17.08.050A to read as follows: "A. Commercial/Office/Industrial Incentives - Increases in the Floor Area Ratio. As part of the process of reviewing and approving an application for a development plan or conditional use permit, the approval authority may consider an increase in the maximum allowable intensity as indicated in Tables 17.08.040A and B. The amount of the increased intensity shall not exceed the 2 maximum of the density range or floor area ratio stated for the specific land use designation. The requested increase may not be approved if the City engineer determines that the increased intensity would create an unmitigatable impact upon traffic circulation or would overburden any utilities serving the area. To be eligible for an increase in the floor area ratio, the applicant must meet the following: 1. A traffic impact analysis shall be prepared for the project as determined by the City Engineer. 2. Provide for FAR increase justifications from Table 17.08.050A as follows: a. Projects proposing an FAR increase of 0.01 to 0.10 shall incorporate two justifications from Category I, one justification from Category III, and one justification from Category IV of Table 17.08.050A. b. Projects proposing an FAR increase of 0.11 to 0.20 shall incorporate two justifications from Category I, one justification from Category II, one justification from Category III, and one justification from Category IV of Table 17.08.050A. c. Projects proposing and FAR increase of 0.21 to 0.30 shall incorporate two justifications from Category I, two justifications from Category II, two justifications from Category III, and two justifications from Category IV of Table 17.08.050A. d. Projects proposing an FAR increase of 0.31 or more shall incorporate two justifications from Category I, three justifications from Category III, and three justifications from Category IV of Table 17.08.050A." Table 17.08.050A Justifications for an FAR Increase Category I Category II Category III Category IV Amenities Landscape & Art Community Benefit Conservation Uses which generate Utilize LEED Provide Provide trees at significant sales tax, or (Leadership in Energy bicycle 40% 36" box, uses that generate and Environmental lockers or 40% 24" box, and transient occupancy tax Design) eligible recycled lockable 20% 15-gallon building materials (such indoor sizes with all as exterior siding, storage, street and parking roofing materials, and changing lot tree sizes at a carpet - 20% minimum rooms, and minimum 24-inch recycle content) showers box size at the 3 Table 17.08.050A Justifications for an FAR Increase Category I Category II Category III Category IV Amenities Landscape & Art Community Benefit Conservation time of planting The project generates a Utilize LEED eligible Provide a Increase significant number of energy efficient location for landscaped open higher paying jobs (higher materials and design to an on-site space area paying jobs are include: roofing, daycare (increase must be considered skilled and insulation, exterior facility or equal to or professional jobs that siding, shading from provide a greater than 2% provide incomes of at awnings and deep location for a of the site area for least one-half the median recessed windows, daycare each 0.05 household income for the automated sensors and provider increase in FAR) City of Temecula) controls for lighting, heating, and air conditioning, waterless urinals, low-flow toilets and faucets, and aerators and timers on faucets Provide enhanced public Provide for on-site Provide Increase facilities that are needed renewable energy parking landscaped by the City beyond (minimum of 10% of the designated setback (at least required mitigation impact facilities energy needs) as a park two feet additional measures. Examples and ride for each 0.05 include: the provision of facility increase in FAR) community meeting centers, enhanced transportation improvements, police or fire stations, and public recreation facilities Utilize "green roof' Provide a Provide an on-site technology landscaped public art feature co u rtya rd of equal or open to a greater value than public street required by the (minimum City's Public Art area equal to Ordinance and in 4 Table 17.08.050A Justifications for an FAR Increase Category I Category II Category III Category IV Amenities Landscape & Art Community Benefit Conservation 10% of the compliance with ground floor the City's Public area) Art Ordinance Provide water quality mitigation in excess of minimum NPDES requirements Provide all air conditioning equipment at an SEER rating that exceeds the minimum California Building Code requirement Section 6. The City Council of the City of Temecula hereby amends Table 17.06.050A and Subsection 17.06.050.E by allowing swimming pools and spas within the buildable area of front yards within the Very Low Residential, Rural Residential, and Hillside Residential Zoning Districts to read as follows: A. Amend Table 17.06.050A by adding footnote number 3 as follows: Table 17.06.050A Accessory Structures Setbacks for the VL, L-1, L-2, LM, M, and H Zoninq Districts Accessory Structure Front Yard Rear Yard Interior Side Yard1 Swimming pool Not permitted 3 5 ft. 5 ft. Swimming pool equipment Not permitted 3 3 ft. 3 ft. Spa Not permitted 3 3 ft. 3 ft. 5 Table 17.06.050A Accessory Structures Setbacks for the VL, L-1, L-2, LM, M, and H Zoning Districts Accessorv Structure Front Yard Rear Yard Interior Side Yard1 Notes: 3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts may be located in the front yards as outlined in Section 17.06.050.E B. Amend Subsection 17.06.050.E as follows: "E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper shall be located as follows: 1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas shall be located only within the side or rear yards and shall have a minimum setback of five feet from any property line or building. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from the front yard areas. 2. For the VL, RR and HR zoning districts swimming pools and spas may be located within the side or rear yards and shall have a minimum setback of five feet from any property line or building. Pool and spa equipment located within the side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from the front yard areas. For the VL, RR and HR zoning districts, pool sand spas may also be located within the buildable area of the front yard. Pools and spas shall be enclosed by a non-climbable barrier per the Department of Building and Safety requirements. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units." Section 7. The City Council of the City of Temecula hereby amends Table 17.24.040 by increasing the parking standards for medical and dental offices as follows: Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Health Care Facilities Medical and dental offices 1 space/200 SF-GFA 6 Section 8. The City Council of the City of Temecula hereby amends Subsection 17.28.280.B.3 by adding the sentence, "Logos shall not exceed 25 percent of the overall sign area" to the end of the sentence, and hereby amends Subsection 17.28.280.C by inserting between the second and third sentence, "They shall only include letters, logos and arrows. Logos shall not exceed 25 percent of the overall sign area" and to re-enumerate the subsection. Section 9. The City Council of the City of Temecula hereby amends Section 17.28.070.A.4 by revising the requirement for landscaping for single and multi-tenant freestanding identification signs as follows: "i. Single tenant and building identification signs shall include landscaping that extends out from the base of the sign in all four directions, a distance equal to one-half of the overall height of the sign. ii. Multi-tenant identification signs shall include landscaping that extends out from the base of the sign in all four directions, a distance equal to one-half of the overall height of the sign." Section 10. The City Council of the City of Temecula hereby amends the following Subsections of the Code to be consistent with Water Quality Management Plan requirements as follows: A. Amend Subsection 17.06.060 by adding a paragraph to the beginning of the Landscape Standards for Residential Zoning Districts to read as follows: "Landscaping in residential zoning districts shall be consistent with the Water Efficient Landscape standards established in Chapter 17.32, and shall be consistent with Water Quality Management Plan requirements." B. Amend Subsection 17.08.060 by adding a paragraph to the beginning of the Landscape Standards for Commercial Zoning Districts to read as follows: "Landscaping in residential zoning districts shall be consistent with the Water Efficient Landscape standards established in Chapter 17.32, and shall be consistent with Water Quality Management Plan requirements." C. Amend Subsection 17.24.020.D.1.c of the Off-Street Parking and Loading, General Provisions as follows: "c. All parking areas within public view from the street, public right-of- way or adjacent properties shall be paved with an appropriate surface approved by the Department of Public Works. Such areas shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration." 7 D. Amend Subsection 17.24.050.G and H of the Off-Street parking and Loading, Parking Facility Layout and Dimensions as follows: "G. Drainage. All areas used for the movement, parking, loading of vehicles shall be graded to convey surface water consistent with the Water Quality Management Plan requirements (if applicable). Drainage shall not be permitted across the surface of walkways or driveways." "H. Landscaping. All landscape areas shall include tree, shrub and groundcover plantings. Layout of plant material shall be consistent with the City's adopted Water Efficient Landscape Ordinance and with Water Quality Management Plan requirements (if applicable )." Section 11. The City Council of the City of Temecula hereby amends the following Subsections and Tables of the Code to be consistent with terminology used with the Americans with Disabilities Act as follows: A. Amend the Industrial Use parking regulations in Table 17.24.040 for Self- storage/mini-storage warehouse facilities by replacing the word "handicap" with the word "disabled." B. Amend Residential Use regulations in Table 17.22.116 for Facilities for the mentally disordered, handicapped or dependent or neglected children (six or fewer), and for Facilities for the mentally disordered, handicapped or dependent or neglected for children (seven to twelve) by replacing the words "handicapped" with the word "disabled." C. Amend the Residential Use regulations in Table 17.06.030 for Facilities for the mentally disordered, handicapped, or dependent or neglected children (six or fewer), and for Facilities for the mentally disordered, handicapped, or dependent or neglected children (seven to twelve) by replacing the words "handicapped" with the word "disabled." D. Amend the Parking for Handicapped requirements in Subsection 17.24.040.0.1 through 3 by replacing the words "handicapped" in this Section with the words "disabled." E. Amend the Parking for Handicapped requirements in Subsection 17.24.040.0.4 to read as follows: "4. Disabled Parking Stall Size. Each parking space designated for use by the disabled shall conform to the California Building Code and the Americans with Disabilities Act." F. Amend the heading for "Parking Spaces for the Handicapped" in Table 17.24.050 with "Parking Spaces for the Disabled." 8 G. Amend Subsection 17.24.050.K for Wheel Stops by replacing the word "handicapped" with the word "disabled." H. Amend the definitions in Subsection 17.34.010 for "Community care facility", "Congregate care", and for "Handicapped housing" by replacing the words, "handicapped" with the words "disabled." I. Amend the Supplemental Development Standards in Subsection 17.10.020.M by replacing the word "handicapped" with the word "disabled." Section 12. Amend Table 17.08.030 by adding number "1" to following uses, Bed and breakfast, Car wash (full service), Convenience market (with the sale of alcoholic beverages), Heliports, Kennels, Liquor stores, Motorcycle sales and services, Nightclubs/taverns/bars/dance/teen club, Restaurants and other eating establishments (with or without the sale of beer and wine), Restaurants with lounge or live entertainment, and Truck sales/rentals/service to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT S PO BP LI C Bed and breakfast 1 - C P - - C - Car wash, full service 1 - C C C - - C Convenience market (with sale of alcoholic C C C C C - - beverages) 1 Heliports 1 - - - - - C C Kennels 1 - C - C - P P Liquor stores 1 - C C C - - - Motorcycle sales and services1 - - - p - - C Nightclubs/taverns/bars/dance/teen club - C C C - - - Restaurants and other eating establishments P P P P P P P (with or without the sale of beer and wine) 1 Restaurants with lounge or live entertainment1 - C C C - C - Truck sales/rentals/service 1 - - - C - - C Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. 9 Section 13. Amend Table 17.08.030 for automobile sales to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT S PO BP LI C Automobile sales with outdoor display/storage of - - - C - - C vehicles 1 Automobile sales with no display/storage of - C C P - C C vehicles Section 14. The City Council of the City of Temecula hereby makes the following typographical corrections to the following Subsections of Title 17 as follows: A. Amend the definition for "Density" in Subsection 17.34.010 to be consistent with the definition used in the General Plan by adding the word "net" between the words "per" and "acre." B. Amend Subsection 17.28.6000.3 by replacing the word "leave" with the word "eaves." Section 15. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 16. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 10 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 11 City of Temecula P.O. Box 9033, Temecula, CA 92589.9033 I Proiect Title I Lead Agency Name and Address I Contact Person and Phone Number I Project Location I Project Sponsor's Name and Address I General Plan DesiQnation I Zoning Description of Project I SurroundinQ Land Uses and SellinQ I Other public agencies whose approval is required Environmental Checklist Develo12ment Code Amendment - Update.200? City of Temecula P.O. Box 9033, Temecula, CA 92589.9033 Dale West, Associate Planner (951) 694.6400 Citywide in the City of Temecula, County of Riverside, California City of Temecula Varies - Citywide Varies - Citywide A proposed Development Code Amendment to establish quantifiable performance standards for development projects that exceed the target floor area ratio (FAR) allowed by the Code. Currently, the Development Code allows for a Development Plan or Conditional Use Permit to exceed the target FAR, but not to exceed the maximum density range or FAR stated for the specific land use designation, as long as one of the three listed criteria is met. The current criteria are subjective in nature making it difficult to determine what is reasonable for allowing an increase in the target FAR; as a result, the proposed Development Code Amendment will establish measurable and quantifiable criteria for projects with FAR increases above the target FAR. The proposed development code amendment does not change the target or maximum FAR, nor does it preclude an independent analysis of a site specific development project. Moreover, consideration for an increase in FAR will require a traffic impact analysis and air quality that will be reviewed as an independent analysis of a site specific development project. The Development Code Amendment also proposes to allow swimming pools and spas to be located within the buildable area of front yards in the VL, RR and HR residential zoning districts, amend parking standards for medical/dental offices by changing the parking requirement for medical/dental offices from 1 space/300 square feet to 1 space/200 square feet GFA, amend landscaping requirements for freestanding monument signs to require landscaping that is proportional to the sign height, make reference to Water Quality Management Plans (WQMP) in various sections of the Development Code to create consistency between the Development Code and required WQMPs, make reference to Americans with Disabilities Act (ADA) in various sections of the Development Code to create consistency between the Development Code and ADA, and make other minor clarifications and typographical corrections regarding on. site direction sign standards, flag pole height, landscape standards, supplemental development standards, and automobile sales. Citywide No outside agency permits are required. R:\Development Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. I I I I I I I I I I Aesthetics I AQriculture Resources I Air Quality BioloQical Resources Cultural Resources Geolo~w and Soils I Hazards. and Hazardous Materials I HydroloQY and Water Quality I Land Use and PlanninQ , Mineral Resources Noise Population and HousinQ I Public Services I Recreation I Transportation/Traffic Utilities and Service Systems Mandatory FindinQs of SiQnificance ./ ,None Determination (To be completed by the lead agency) On the basis of this initial evaluation: ./ I find that there is NO POTENTIAL for the proposed project to have an adverse effect on the environment, and as a result an exemption from CEQA is proposed, pursuant to Section 15061(b) (3), a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the Qroiect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects' (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothinQ further is required. C--~ '\;j J /'. - 'A,fJ~ Sigflature Is - ?-~~() 7 Date ~ "'vA-L.-~ LJG 5 ( Printed Name Citv of T emecula For R:\Oevelopment Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 2 1. AESTHETICS. Would the project: I a. b. Issues and Sup~ortjnq Information Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic hiqhway? I Substantially degrade the existing visual character or quality of the site and its surroundinqs? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact V' V' I c. d. V' V' Comments: 1.a-d. No Impact. The proposed Development Code Amendment will not substantially adversely affect current views or vistas in this area, substantially damage scenic resources, nor substantially degrade the existing visual character or quality of the site. The proposed Development Code amendment will not change or alter scenic vistas, highways or substantial visual areas of the City. Currently, the Zoning Ordinance allows or a Development Plan or Conditional Use Permit to exceed the target FAR (FAR), but not exceed the maximum of the density range or FAR stated for the specific land use designation. To be eligible for an increase in the F'AR, the applicant must meet at least one of the three criteria. The proposed Development Code Amendment establishes measurable and quantifiable criteria. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. No impacts are anticipated as a result of this project. R:IDevelopment Code12007 AmendmentlCEQA INITIAL STUDY - Update 2007.doc 3 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. Issues and SU!?Dortin,a Information Sources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-awicultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-aqricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incaroorated Less Than Significant ImoaCt No Imoact ./ lb. ./ c. ./ Comments: 2.a-c. No Impart. The proposed Development Code Amendment will not result in the conversion of any farmland, conflict with existing zoning for agriculture use or Williamson Act contract, or involve other changes in the existing environment which would result in conversion of Farmland to non-agricultural uses. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. No impacts are anticipated to occur as a result of this project. R:\Development Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 4 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: I a. lb. c. I d. Ie. Issues and Supportinq Information Sources Conflict with or obstruct implementation of the applicable air gualitv plan? Violate any air quality standard or contribute substantially to an existinq or projected air Cjuality violation? Result in a cumulativeiyconsiderable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number I of people? Potentially Significant Imoact I Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ./ ./ ./ ./ ./ Comments: 3.a-b. No Impact. The proposed Development Code Amendment will not impact or adversely effect air quality as they are minor modifications and clarifications to the existing Development Code necessary to implement the Code. There are no proposed modifications that will obstruct implementation of applicable air quality plans, violate air quality standards or contribute to an existing or projected air quality violation, result in cumulatively considerable net increase of any non-attainment criteria pollutant, expose sensitive receptors to substantial pollutant concentrations, or create objectionable odors. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. No impacts are expected to occur as a result of this project. R:\Development Code\2007 Amendment\CEOA INITIAL STUDY - Update 2007.doc 5 4. BIOLOGICAL RESOURCES. Would the project? a. b. c. d. e. f. Issues and Sup~ortinq Information Sources Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact LessThan Significant Impact v' v' v' v' v' v' 4.a-f. No Impact. The proposed Development Code Amendment will not directly or indirectly affect any candidate, sensitive or special species listed in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, or have an adverse affect on any riparian habitat or other sensitive natural community identified within local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; have a substantial adverse effect on federally protected wetlands, interfere with movement of native resident or migratory fish or wildlife species, or native resident or migratory wildlife corridors, conflict with any local policies or ordinances protecting biological resources, or conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. No impacts are anticipated as a result of the City wide code amendments and clarifications. R:IDevelopment Codel2007 AmendmentlCEQA INITIAL STUDY - Update 2007.doc 6 I a. I b. I c. I d. 5. CULTURAL RESOURCES. Would the project: Issues and Supportina Information Sources I Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? I Cause a substantial adverse change in the significance of an archaeoloqical resource pursuant to Section 15064.5? I Directiy or indirectly destroy a unique paleontological resource or site or unique QeoloQic feature? I Disturb any human remain's, including those interred outside of formal cemeteries? Potentially Significant Imoact Potentially Significant Unless Mitigation Incoroorated No Imoact Less Than Significant [rimaet .,/ .,/ .,/ .,/ Comments: 5.a-d. No Impact. The proposed Development Code Amendment will not adversely change the significance of historical or archaeological resources, destroy .unique paleontological or geological resources or features, or disturb human remains. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. No impacts are anticipated as a result of this project. R:\Development Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 7 6. GEOLOGY AND SOILS. Would the project: Issues and SUDDortinq Information Sources a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvinQ: i. The rupture of a' known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) I ii. I Stronq seismic qround shakinQ? I iii. I Seismic-related Qround failure, includinQ liquefaction? I iv. I Landslides? I b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreadinQ, subsidence, liquefaction or colla~se? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ./ ./ ./ ./ ./ ./ ./ ./ 6.a-e. No Impact. The proposed Development Code Amendment will not expose people or structures to substantial adverse effects involving rupture of know earthquake fault, strong seismic ground shaking, seismic related ground failure or landslides, nor will the proposed project result in substantial erosion or loss of topsoil, be located on a geologic unit of soil that is unstable or that would become unstable, be located on expansive soils, or involve soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal system. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to the Uniform Building Code and independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are expected to occur as a result of the proposed project. R:\Development Code12007 AmendmentlCEQA INITIAL STUDY - Update 2007.doc 8 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. b. c. d. e. f. g. h. Issues and SupDortinQ Information Sources Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located withih an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workinQ in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or workinQ in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: Potentially Significant Impact Potentially Significant Unless Mitigation IncarCorated No Impact Less Than Significant Impact ./ ./ ./ ./ ./ ./ ./ ./ l.a-e. No Impact. The proposed Development Code Amendment will not expose the public to hazardous materials or release hazardous materials into the environment. The proposed Amendments will not result in safety hazards for people residing or working within two miles of a public airport. The proposed project will not impair implementation or physically interfere with an adopted emergency response or evacuation plan or expose people or structures to a significant risk or loss involving wildland fires. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:IDevelopment Code\2007 AmendmentlCEQA INITIAL STUDY - Update 2007.doc 9 I f. g. I h. i. I j. 8. HYDROLOGY AND WATER QUALITY. Would the project: a. Issues and Supporting Information Sources Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been qranted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a strearn or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in floodinq on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of fJolluted runoff? Require the preparation of a Water Quality Management Plan? Place housing within a 1 DO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 1 DO-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? b. c. d. e. Comment: Potentially Significant Imoact Potentially Significant Unless Mitigation Incoroorated Less Than Significant No Impact Imoact ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 8.a-j. No Impact. The proposed Development Code Amendment will not degrade water quality, deplete groundwater supplies or interfere with groundwater recharge, interfere with existing drainage patterns of the area, create or contribute to runoff water, require the preparation of a water quality managenient plan, place housing within a 1 DO-year flood hazard area, place structures within a 1 DO-year flood hazard area that would impede flows, expose people or structures to flooding, inundation by seiche, tsunami, or mudflow. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:IDevelopment Codel2007 AmendmentlCEQA INITIAL STUDY - Update 2007.doc 10 9. LAND USE AND PLANNING. Would the project: a. b. Issues and Supporting Information Sources Physicall',f divide an established community? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact ./ ./ I c. ./ Comments: 9.a-c. No Impact. The proposed Development Code Amendment will not physically divide an established community, conflict with the applicable land use plan, policy, or regulation, and does not conflict with any applicable habitat plans. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:IDevelopment Code\200l AmendmentlCEQA INITIAL STUDY - Update 200l.doc 11 10. MINERAL RESOURCES. Would the project: b. Issues and Supporting Information Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local Qeneral plan. specific plan or other land use plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a. " " Comments: 10.a-b. No Impact. The proposed Development Code Amendment will not result in the loss of known mineral resources either locally or at a State level. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:\Developmenl Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 12 a. lb. c. d. e. f. 11. NOISE. Would the project result in: Issues and $uDDortinq Information Sources Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other aQencies? Exposure of persons to or generation of excessive ground borne vibration or Qroundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the proiect? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the proiect? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the proiect area to excessive noise levels? Comments: Potentially Significant Imoact Potentially Significant Unless Mitigation Incorporated No Imoact Less Than Significant Imoact " " " " " " 11.a-f. No Impact. The proposed Development Code Amendment will not expose persons to an increase in noise levels above the ambient noise levels, temporarily or periodically. The proposed amendments will not expose people to increased aircraft noise. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:\Development Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 13 12. POPULATION AND HOUSING. Would the project: a. Issues and Supportinq Information Sources Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? I Displace substantial numbers of people, necessitating the construction' of replacement housinp elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact .{ b. .{ I c. .{ Comments: 12.a-c No Impact. The proposed Development Code Amendment will not displace any housing units or local residents, nor will it induce substantial population growth in the area. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:\Development Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 14 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: I a. lb. I c. I d. Ie. Issues and SUDPortina Information Sources I Fire protection? I Police protection? I Schools? Parks? I Other public facilities? Potentially Significant Impact Potentially Significant Unless . Mitigation Incoroorated Less Than Significant Impact No Imoact ./ I ./ I ./ I ./ I ./ I Comments: 13.a-e. No Impact. The proposed Development Code Amendment will not affect the demand for, or adversely effect, public services. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R\Development Code\2007 Amendment\CEQA INITIAL STUDY - Update 20Q7.doc 15 14. RECREATION. Would the project: a. Issues and Supporting Information Sources Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Imoact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Imoact v" b. v" Comments: 14.a-b. No Impact. The proposed Development Code Amendment will not increase the demand for, or adversely effect, recreational facilities, which would lead to an adverse affect on the environment. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:IDevelopment Codel2007 AmendmentlCEQA INITIAL STUDY - Update 2007.doc 16 15. TRANSPORTATIONITRAFFIC. Would the project: a. Issues and SUDPortinq Information Sources Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le., resuit in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or conqestion at intersectionsl? Exceed, either individually or cumulatively, a level of service standard established by the county congestion manaflement aqency for desiflnated roads or hiqhways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.q., farm equipment)? Result in inadequate emerqency access? Result in inade~1Uate parkinq capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated b. c. d. Ie. I f. g. Comments: Less Than Significant Impact No Impact v' v' v' v' v' v' v' 15.a-g. No Impact. The proposed Development Code Amendment will not cause an increase in traffic, exceed individual or cumulative levels of service established by the County's Congestion Management Plan, change air traffic patterns or increase air traffic levels, increase design feature hazards, result in inadequate emergency access or parking capacity, or conflict with adopted policies, plans or programs that support alternative transportation. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:IDevelopment Code\2007 AmendmentlCEQA INITIAL STUDY - Update 2007.doc 17 16. UTILITIES AND SERVICE SYSTEMS. Would the project: I a. b. c. d. e. If. I g. Issues and Supportinq Information Sources Exceed wastewater treatment requirements of the applicable Reqional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the proiect's solid waste disposal needs? Comply with federal, State, and local statutes and requlations related to solid waste? Comments: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ,/ ,/ ,/ ,/ ,/ ,/ ,/ 16.a-g. No Impact. The proposed minor Development Code Amendments and clarifications will not affect public utilities or service systems. The proposed Development Code Amendment will not preclude an independent analysis of a site specific development project. Any future development projects would be subject to an independent environmental analysis if deemed necessary pursuant to CEQA. No impacts are anticipated as a result of this Development Code Amendment. R:\Development Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 18 a. b. c. 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and SUDDortinq Information Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current [lroiects, and the effects of probable future proiects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Potentially SignifrcantUnless Mitigation Incarcorated No Impact Less Than Significant Impact v' v' v' 17.a-c. No Impact. The proposed Development Code Amendments do not have the potential to degrade the quality of the environment, habitat or result in adverse effects on human beings either directly or indirectly. The intent of the project is to provide consistency within the Development Code, remove ambiguity and make minor modifications to implement the intent of the standards and regulations within the Development Code. Therefore, no adverse effect will result to the environment, habitat or human beings. R:\Oevelopment Code\2007 Amendment\CEQA INITIAL STUOY - Update 2007.doc 19 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. I a. I Earlier analyses used. Identify earlier analyses and State where they are available for review. I b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and State whether such effects were addressed by mitiQation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mi.tigation measures which were incorporated or refined from the earlier document and the extent to which thev address site-specific conditions for the project. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. R\Development Code\2007 Amendment\CEQA INITIAL STUDY - Update 2007.doc 20 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION ORIGINAL TO: Planning Commission FROM: Stuart Fisk, Senior Planner Dale West, Associate Planner DATE: September 19, 2007 SUBJECT: Development Code Amendment - 2007 Clean-Up (Planning Activity LRP21 07) BACKGROUND The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code to improve its clarity and to make necessary corrections. This amendment proposes to add new policy and to clarify a number of provisions within the Code which includes: . Provide additional quantifiable performance standards for projects that exceed target floor area ratios (FAR) . Allow swimming pools and spas in the buildable area of front yards in the VL, RR and HR residential zoning districts . Amend parking standards for medical/dental offices to increase the number of required parking . Amend landscaping requirements for freestanding monument signs to require landscaping that is proportional to the sign height . Make reference to Water Quality Management Plans (WQMP) in various sections of the Development Code to create consistency between the Development Code and required WQMPs . Make reference to Americans with Disabilities Act (ADA) in various sections of the Development Code to create consistency between the Development Code and ADA . Make other minor clarifications and typographical corrections, which are not included in this staff report, but can be found in the attached draft Ordinance ANALYSIS Soecial Use Reaulations for an Increase in Floor Area Ratios (Section 17.08.050.Al The proposed amendment has been prepared in response to Planning Commission requests for additional criteria to utilize in consideration of requests for increases in building Floor Area Ratio (FAR) beyond the General Plan and Development Code targets. The Planning Commission was concerned that the existing criteria are too subjective and there was the impression that the number of FAR increase requests by applicants has been excessive. R:\Development Code\2007 Amendment\ 1 Staff Report PC2007.doc 1 On August 15, 2007, staff provided a memorandum to the Planning Commission to present alternatives for the Planning Commission to consider regarding possible revisions to the Floor Area Ratio provisions of the Development Code. As a result, the Planning Commission directed staff to expand the criteria for allowing an FAR increase beyond General Plan and Development Code targets. Per the Planning Commission's direction, staff has prepared an amendment to Subsections 17.08.040 and 17.08.050 of the Municipal Code to modify the criteria for a development project to be eligible for and increase in FAR beyond the General Plan and Development Code targets. To summarize, proposed amendments would require that a traffic impact analysis be prepared for the project as determined by the City Engineer and that the project provide for FAR increase justifications from a table including four categories of justifications based on provision of community benefit, conservation, amenities, landscape and art. The number of FAR increase justifications required would be based on the percentage of FAR increase requested, with larger increases requiring the provision of more justifications than smaller projects. Swimmina Pools as Accessorv Structures in Residential Zonina Districts (Subsection 17.06.050.E\ Swimming pools and spas are considered "accessory structures" which are only allowed in the rear or side yard within residential zoning districts. There have been a number of requests in recent months to allow swimming pools and spas within the front yard in large lot residential zoning districts. Staff has considered the request and believes that under certain circumstances, swimming pools within the front yard could be allowed. The proposed amendment would allow swimming pools and spas to be located in the buildable area of front yards in the Very Low (VL), Rural Residential (RR) and Hillside Residential (HR) zoning districts as long as they are enclosed by an approved fencing type for swimming pools and spas and screened from public view. Parkina Reauirements Medical or Dental Offices (Table 17.24.040) The City has recently received complaints regarding the parking availability within commercial centers with medical or dental offices. Staff randomly selected five jurisdictions within the region to compare parking standards and found that the City's current standard requires fewer parking spaces per square feet of development than the other cities. The current parking space requirement for medical or dental offices within the City of Temecula is 1 space/300 square foot gross floor area; whereas, the average parking requirements for medical offices of the five jurisdictions surveyed are 1 space/200 gross floor area. The proposed amendment would increase the parking requirement for medical or dental offices from 1 space/300 square feet of gross floor area to 1 space/200 square feet of gross floor area. Freestandina On-Site Directional Sians (Section 17.28.280) Currently the City allows logos on on-site directional signage; however, there are no standards regarding the size of these logos. In recent months there have been requests for logos that are larger and out of proportion to the size of the lettering of the directional sign. Staff proposes to amend the Code to limit the maximum size of logos on on-site directional signs to 25 percent of the overall sign area. R:\Development Code\2007 Amendment\ 1 Staff Report PC2007.doc 2 Landscaoina Reauirements for Freestandina Tenant Sians (Section 17.28.070\ Currently the City requires 100 square feet of landscaping at the base offreestanding single-tenant identification signs, and 200 square feet of landscaping at the base of freestanding multi-tenant identification signs. These standards do not take into consideration proportionality of the height or size of the sign. Staff proposes to amend the code to require landscaping that is proportional to the sign height by establishing that landscaping shall extend out from the base of the sign on all four sides, equal to one-half the overall height of the sign. This means that if the overall sign height is 12 feet, then the landscaping must extend out on all four sides from the base of the sign by six feet. Code Amendments for Consistencv with Water Qualitv Manaaement Plan Reauirements Certain new development projects require the preparation of a Water Quality Management Plan. The water quality management practices identified within the WQMP will typically affect the site design and landscaping of a project; however, in many cases the engineer that prepares the WQMP, the architect that prepares the site plans, and the architect that prepares the landscape plans are not coordinating their efforts early in the process. This results in unnecessary changes to a development project during construction or post construction in order to meet water discharge standards of the WQMP. Staff proposes to incorporate into various sections of the Code, the need for consistency with meeting the requirements of a Water Quality Management Plan (WQMP). Additionally, staff proposes to change language that creates inconsistencies with meeting WQMP requirements. The incorporation of this reference language does not change or propose any new development standards, nor does it change or propose any new WQMP requirements; rather, the intent with this proposed amendment is to encourage coordination between a projects engineers and architects early in the process to achieve better site design that is consistent with WQMP objectives. Code Amendments for Consistencv with Americans with Disabilities Act While reviewing the parking requirements for disabled persons, in Chapter 17.24 of the Development Code, staff noticed that various sections of Title 17 make reference to the word "handicapped" when referring to disabled persons or development standards for disabled persons; however, the California Building Code and the Americans with Disabilities Act do not use the word "handicapped" rather, the word "disabled" is commonly used. To be consistent with the California Building Codes and American with Disabilities Act, staff is proposing to replace any reference to "handicapped" with the word "disabled" in various Chapters of Title 17. Additionally, Sectiori 17.24.040.0 provides standards for disabled parking stalls; however, the current standards are outdated. Rather than rewrite the standards to mimic the California Building Code, staff proposes to require that disables parking stall standards be met pursuant to the California Building Code. This in effect reduces the need to revise the Development Code, should standards change in the future. Landscaoe Desian Standards for Slooes (Subsections 17.06.060.0 and 17.08.060.C\. Both Title 18 (Grading Ordinance) of the Municipal Code and Title 17 (Development Code) require slopes to be landscaped with an appropriate ground cover for erosion control purposes; however, the Grading Ordinance establishes this requirement for slopes greater than three feet in height; whereas, the Development Code establishes this requirement for slopes that are greater than five feet in height. Public Works staff has indicated that there may be revisions to this requirement in R:\Oevelopment Code\2007 Amendment\1 Staff Report PC2007.doc 3 the future in order to comply changing water quality control measures as part of the National Pollutant Discharge Elimination System. To simplify the requirement within the Development Code, staff proposes to amend the Development Code by indicating that slopes shall be landscaped for erosion control consistent with Title 18 of the Municipal Code. Use Matrix and Suoolemental Develooment Standards (Table 17.08.030 and Chaoter 17.10\. The Code establishes supplemental development standards in Chapter 17.10 for certain specific uses; however these specific uses, as identified in the Use Matrix Table in Section 17.08, does not indicate that there are additional supplemental development standards that must be complied with. To rectify this, staff proposes add a footnote to the appropriate uses in order to direct the reader to the appropriate Chapter in the Code for the Supplemental Development Standards. Automobile Sales (Table 17.08.030\ Staff has made changes in the past to the Development Code Use Matrix for Automobile Sales in order to accommodate for the three types of automobile sales licenses the State issues; and to address the storage and display concerns associated with these types of uses. The crux of the issue is related to auto brokers and the storage or display of vehicles. Staff from the Department of Motor Vehicles indicated that auto brokers typically run their business out of a single office or home and do not store or display vehicles on the property. In many cases they may never come in contact with the vehicle they are brokering. To address the three types of State required licenses and the concerns that staff has with the storage or display of vehicles, staff is proposing to simplify the Use Matrix for automobile sales by simply distinguishing between automobile sales that have storage or display of vehicles and those that do not; automobile sales with outdoor display or storage of vehicles would be conditionally permitted in the Service Commercial and Light Industrial Zoning Districts, and automobile sales with outdoor display or storage of vehicles would be conditionally permitted in the Community Commercial, Highway Tourist, Business Park and Light Industrial Zoning Districts and permitted in the Service Commercial Zoning District. ENVIRONMENTAL DETERMINATION Staff reviewed these proposed changes to the Development Code in context to their environmental impacts and determined that there is no potential for an adverse effect on the environment or surrounding area. The proposed amendments do not allow additional development to occur or allow for changes to the physical environment. As a result, staff is proposing an exemption from CEQA pursuant to Section 15061(b) (3), a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve an Amendment to Title 17 of the Temecula Municipal Code. ATTACHMENTS 1. PC Resolution No. 07-_ - Blue Page _ Exhibit A - Proposed CC Ordinance 07-_ 2. Selected Redline/Strikeout Changes to the Development Code - Blue Page 6 R:\Development Code\2007 Amendment\1Staff Report PC2007.doc 4 ATTACHMENT NO.1 PC RESOLUTION 07-_ R:\Development Code\2007 Amendment\1Staff Report PC2007.doc 5 PC RESOLUTION NO. 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LRP2107)" Section 1. Procedural Findinas. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 12, 2005, the City Council of the City of Temecula adopted a comprehensive update to the City General Plan and Certified the Final Environmental Impact Report. B. On January 25, 1995, the City Council of the City of Temecula first adopted the City's Development Code. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 19, 2007, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Activity No. LRP2107 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Recommendation of Approval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt an ordinance amending portions of Title 17 of the Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 3. Environmental Findinas. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of Planning Activity LRP2107: R:\Development Code\2007 Amendment\PC RESOLUTION EXEMPT FROM CEQA.doc 1 A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review per Section, 15061 (b)(3), a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of September 2007. Dennis Chiniaeff, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of September 2007, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\Development Code\2007 Amendment\PC RESOLUTION EXEMPT FROM CEQAdoc 2 EXHIBIT A DRAFT CITY COUNCIL ORDINANCE 07-_ R:\Development Code\2007 Amendment\PC RESOLUTION EXEMPT FROM CEQA.doc 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LRP2107) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOllOWS: Section 1. The City Council of the City of Temecula hereby amends Tables 17.08.040A and 17.08.040B of the Temecula Municipal Code by replacing footnote number 2 of each table to read as follows: "2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050A" Section 2. The City Council of the City of Temecula hereby amends Subsection 17.08.050.A of the Temecula Municipal Code by replacing it in its entirety and by adding Table 17.08.050A to read as follows: "A. Commercial/Office/Industrial Incentives - Increases in the Floor Area Ratio. As part of the process of reviewing and approving an application for a development plan or conditional use permit, the approval authority may consider an increase in the maximum allowable intensity as indicated in Tables 17.08.040A and B. The amount of the increased intensity shall not exceed the maximum of the density range or floor area ratio stated for the specific land use designation. The requested increase may not be approved if the City engineer determines that the increased intensity would create an unmitigatable impact upon traffic circulation or would overburden any utilities serving the area. To be eligible for an increase in the floor area ratio, the applicant must meet the following: 1. A traffic impact analysis shall be prepared for the project as determined by the City engineer. 2. follows: Provide for FAR increase justifications from Table 17.08.050A as " i. Projects proposing an FAR increase of 0.01 to 0.10 shall incorporate at least one justification from Category I, one justification from Category III, and one justification from Category IV ofTable 17.08.050A. ii. Projects proposing an FAR increase of 0.11 to 0.20 shall incorporate at least one justification from Category I, one justification from Category II, one justification from Category III, and one justification from Category IV of Table 17.08.050A. Hi. Projects proposing and FAR increase of 0.21 to 0.30 shall incorporate at least one justification from Category I, two justifications from Category II, two justifications from Category III, and two justifications from Category IV of Table 17.08.050A. iv. Projects proposing and FAR increase of 0.31 or more shall incorporate at least one justification from Category I, three justifications from Category II, three justifications from Category III, and three justifications from Category IV of Table 17.08.050A." Table 17.08.050A Justifications for an FAR hcrease Category II Category III Conservation Amenities Utilize LEED Provide (Leadership in Energy bicycle and Environmental lockers or Design) eligible lockable recycled building indoor materials (such as storage, exterior siding, roofing changing materials, and carpet - rooms, and 20% minimum recycle showers content) Utilize LEED eligible energy efficient materials and design to include: roofing, insulation, exterior siding, shading from awnings and deep recessed windows, Category I Community Benefit Include uses which provide benefits to the City with respect to the employment and economic needs of the community and provide documentation detailing economic benefits such as generation of jobs, sales tax, or transient oriented tax Provide enhanced public facilities that are needed by the City beyond required mitigation impact measures. Examples include: the provision of community meeting centers, enhanced Provide a location for an on-site daycare facility or provide a location for a daycare Category IV Landscape & Art Provide trees at 40% 36" box, 40% 24" box, and 20% 15-gallon sizes with all street and parking lot tree sizes at a minimum 24-inch box size at the time of planting Increase landscaped open space area (increase must be equal to or greater than 2% of the site area for each 0.05 Table 17.08.050A Justifications for an FAR Increase Category I Community Benefit transportation improvements, police or fire stations, public recreation facilities, and common parking areas or structures to serve the community Category II Conservation automated sensors and controls for lighting, heating, and air conditioning, waterless urinals, low- flow toilets and faucets, and aerators and timers on faucets Provide for on-site renewable energy (minimum of 10% of the facilities energy needs) Utilize "green roof" technology Provide water quality mitigation in excess of minimum NPDES requirements Provide all air conditioning equipment at an SEER rating that exceeds the minimum California Building Code requirement Category III Amenities provider Provide parking designated as a park and ride facility Provide a landscaped courtyard open to a public street (minimum area equal to 10% of the ground floor area) Category IV Landscape & Art increase in FAR) Increase landscaped setback (at least two feet additional for each 0.05 increase in FAR) Provide an on-site public art feature of equal or greater value than required by the City's Public Art Ordinance and in compliance with the City's Public Art Ordinance Section 3. The City Council of the City of Temecula hereby amends Subsection 17.06.050.E by allowing swimming pools and spas within the buildable area of front yards within the Very Low Residential, Rural Residential, and Hillside Residential Zoning Districts to read as follows: A. Amend Table 17.06.050A by adding footnote number 3 as follows: I Swimming pool I Swimming pool equipment I Spa Not permitted 3 Not permitted 3 Not permitted 3 5 ft. 3 ft. 3 ft. 5 ft. 3 ft. 3 ft. Notes: 3. Swimming pools, spas and pool and spa equipment in the VL zoning district may be located in the front yards as outlined in Section 17.06.050.E B. Amend Subsection 17.06.050.E as follows: "E. Swimming Pools. Swimming pools and spas which are capable of holding water to a depth of eighteen inches or deeper shall be located as follows: 1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas shall be located only in the side or rear yards and shall have a minimum setback of five feet from any property line or building. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located in side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from the front yard areas. 2. For the VL, RR and HR zoning districts swimming pools and spas may be located within in the side or rear yards and shall have a minimum setback of five feet from any property line or building. Pool and spa equipment located in the side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from the front yard areas. For the VL, RR and HR zoning districts, pool sand spas may also be located within the buildable area of the front yard. Pools and spas shall be enclosed by a non-climbable barrier per the Department of Building and Safety requirements. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units." Section 4. The City Council of the City of Temecula hereby amends Table 17.24.040 by increasing the parking standards for medical and dental offices as follows: Facilities I Medical and dental offices 11 space/200 SF-GFA Section 5. The City Council of the City of Temecula hereby amends Subsection 17.28.280.B.3 by adding the sentence, "Logos shall not exceed 25 percent of the overall sign area" to the end of the sentence, and hereby amends Subsection 17.28.280.C by inserting between the second and third sentence, "They shall only include letters, logos and arrows. Logos shall not exceed 25 percent of the overall sign area" and to re-enumerate the subsection. Section 6. The City Council of the City of Temecula hereby amends Section 17.28.070.A.4 by revising the requirement for landscaping for single and multi tenant freestanding identification signs as follows: "i. Single tenant and building identification signs shall include landscaping that extends out from the base of the sign in all four directions, a distance equal to one-half of the overall height of the sign. ii. Multi-tenant identification signs shall include landscaping that extends out from the base of the sign in all four directions, a distance equal to one-half of the overall height of the sign." Section 7. The City Council of the City of Temecula hereby amends the following Subsections of the Code to be consistent with Water Quality Management Plan requirements as follows: A. Amend Subsection 17.06.060 by adding a paragraph to the beginning of the Landscape Standards for Residential Zoning Districts to read as follows: "Landscaping in residential zoning districts shall be consistent with the Water Efficient Landscape standards established in Chapter 17.32, and shall be consistent with Water Quality Management Plan requirements." B. Amend Subsection 17.08.060 by adding a paragraph to the beginning of the Landscape Standards for Commercial Zoning Districts to read as follows: "Landscaping in residential zoning districts shall be consistent with the Water Efficient Landscape standards established in Chapter 17.32, and shall be consistent with Water Quality Management Plan requirements." C. Amend Subsection 17.24.020.D.c of the Off-Street parking and Loading, General Provisions as follows: "c. All parking areas within public view from the street, public right-of- way or adjacent properties shall be paved with an appropriate surface approved by the Department of Public Works. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration." D. Amend Subsection 17.24.050.G and H of the Off-Street parking and Loading, Parking Facility Layout and Dimensions as follows: "G. Drainage. All areas used for the movement, parking, loading of vehicles shall be graded to convey surface water consistent with the Water Quality Management Plan requirements (if applicable). Drainage shall not be permitted across the surface of walkways or driveways." "H. Landscaping. All landscape areas shall include tree, shrub and ground cover plantings. Layout of plant material shall be consistent with the City's adopted Water Efficient Landscape Ordinance and with Water Quality Management Plan requirements (if applicable)." Section 8. The City Council of the City of Temecula hereby amends the following Subsections and Tables of the Code to be consistent with terminology used with the Americans with Disabilities Act as follows: A. Amend the Industrial Use parking regulations in Table 17.24.040 for Self- storage/mini-storage warehouse facilities by replacing the word "handicap" with the word "disabled." B. Amend Residential Use regulations in Table 17.22.116 for Facilities for the mentally disordered, handicapped or dependent or neglected children (six or fewer), and for Facilities for the mentally disordered, handicapped or dependent or neglected for children (seven to twelve) by replacing the words "handicapped" with the word "disabled." C. Amend the Residential Use regulations in Table 17.06.030 for Facilities for the mentally disordered, handicapped, or dependent or neglected children (six or fewer), and for Facilities for the mentally disordered, handicapped, or dependent or neglected children (seven to twelve) by replacing the words "handicapped" with the word "disabled." D. Amend the Parking for Handicapped requirements in Subsection 17.24.040.0.1 through 3 by replacing words "handicapped" in this Section with the words "disabled." E. Amend the Parking for Handicapped requirements in Subsection 17.24.040.CA to read as follows: "4. Disabled Parking Stall Size. Each parking space designated for use by the disabled shall conform to the California Building Code and the Americans with Disabilities Act." F. Amend the heading for "Parking Spaces for the Handicapped" in Table 17.24.050 with "Parking Spaces for the Disabled." G. Amend Subsection 17.24.050.K for Wheel Stops by replacing the word "handicapped" with the word "disabled." H. Amend the definitions in Subsection 17.34.010 for "Community care facility", "Congregate care", and for "Handicapped housing" by replacing the words, "handicapped" with the words "disabled." I. Amend the Supplemental Development Standards in Subsection 17.1 0.020.M by replacing the word "handicapped" with the word "disabled." Section 9. The City Council of the City of Temecula hereby amends landscaping requirements for slopes in Subsections 17.06.060.0 and 17.08.060.C to be consistent with erosion control requirements in Title 18 of the T emecula Municipal Code by replacing the reference to the height of the slope with the reference to Title 18 as follows: A. Amend Subsection 17.06.060.0.5 to read, "Slope banks shall, at a minimUm, be irrigated and landscaped with an appropriate groundcover for erosion control, in accordance with Title 18 of the Temecula Municipal Code." B. Amend Subsection 17.06.060.o.5.a to read, "Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate ground cover for erosion control, in accordance with Title 18 of the Temecula Municipal Code and shall also soften their appearance as follows: i. One fifteen-gallon or larger tree per each six hundred square feet of slope area ii. One gallon or larger shrub for each one hundred square feet of slope area iii. Appropriate ground cover" C. Amend Subsection 17.08.060.0.5 to read, "Slope banks shall, at a minimUm, be irrigated and landscaped with an appropriate groundcover for erosion control, in accordance with Title 18 of the Temecula Municipal Code." D. Amend Subsection 17.08.060.C.5.a. to read, "Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate groundcover for erosion control in accordance with Title 18 of the Temecula Municipal Code and shall also soften their appearance as follows: i. One fifteen-gallon or larger tree per each six hundred square feet of slope area ii. One gallon or larger shrub for each one hundred square feet of slope area iii. Appropriate ground cover" Section 10. Amend Table 17.08.030 by adding number "1" to following uses, Bed and Breakfast, Car wash (full service), Convenience market (with the sale of alcoholic beverages), Heliports, Kennels, Liquor stores, Motorcycle sales and services, Nightclubs/taverns/bars/dance/teen club, Restaurants and other eating establishments (with or without the sale of beer and wine), Restaurants with lounge or live entertainment, and Truck sales/rentals/service to read as follows: Bed and breakfast' C P C Car wash, full service' C C C C Convenience market (with sale of alcoholic C C C C C beverages) , I Heliports' - I - I - C IC I Kennels' - IC C I - P Ip I Liquor stores' - Ic C C I - I- I Motorcycle sales and services' - I - p I - IC I Nightclubs/taverns/bars/dance/teen club - Ic C C I - 1- Restaurants and other eating establishments (with or P P P P P P P without the sale of beer and wine) , I Restaurants with lounge or live entertainment' C C IC 1- C I Truck sales/rentals/service' IC 1- IC Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. Section 11. Amend Table 17.08.030 for automobile sales to read as follows: Automobile sales with outdoor display/storage of vehicles I Automobile sales with no display/storage of vehicles c c c c P c c Section 12. The City Council of the City of Temecula hereby makes the following typographical corrections to the following Subsections of Title 17 as follows: A. Amend the definition for "Density" in Subsection 17.34.010 to be consistent with the definition used in the General Plan by adding the word "net" between the words "per" and "acre." B. Amend Subsection 17.28.6000.3 by replacing the word "leave" with the word "eaves." C. Amend footnote number 1 and footnote number 4 in Table 17.22.136B by replacing the reference to "Subsection 17.08.050(G)" with "Subsection 17.10.020.B and by replacing the reference to "Subsection 17.080.050(R)" with "Subsection 17.10.020.N.". PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ATTACHMENT NO.2 SELECTED REDLlNE/STRIKEOUT CHANGES TO THE DEVELOPMENT CODE R\Development Code\2007 Amendment\1Staff Report PC2007.doc 6 Prooosed Text Looks Like This Proposed Deleted Text Looks Lik~ Thi~ Floor Area Ratio (Section 17.08.050.A I'.. CommeroiallOffioe/ln~:.!:I~;:' '~3effiivc:> ~~~>feaS:>s :~ ~::J Floor Ar:E Rzt!.3,--.'\:> E f:e,~ Elf th~ fTo:ess of reviewing and approvln; :~ :fp';:ation for a developmerl ;:I:~ 3r oonditi:~:1l:~ j9z~::-::I, ~? Ei21'~3\'&! ?'.#..brity may oz~s:iz~ Er. :~SF:2!/.: ;~ ~~: ::-:::::::-::.:::-: E:~z'''lable intensity as indioate~ ;~ ::':':: .7.08.010A and 17.08.0102. T~:: amount of the incroased inlensity :~:1' ~3t exoeed the me,:,im6ffi-zf lh~ :lensity range or floor arCE rEt!z slat:::d for the speoifiz Ie,d use designatizn. Th::J requesled Inor:Esz ::-:E~' ~:~ 3: :fV::Jved if the cZ::-:::-:l:n;t~'--€Iev~lzl'm3At €IifeGlz~, :.!;:3n the ad'lio: :' 1~::J oity engineer, determim: ~t::~ ~~::J incroasod intensity 'Nould ez:lz :~ '~gf:~f:t': ;~;:::l '-';O:~ l~:..ic circulation or would overburdc;n e,Ft~' utilities serving tA: :~::. :::> be eligible f:~ :~ ;~:~::c ;~ ~~3-fIe:~ :~:: ~:~:~-tln :r:r:~izEnl must me:l at I:>&~ ooe-e-F ~~-=:- ~:~~owing c:-~tZ:-:2: .~. :~z project includes use(s) which provide oulslanding and excep~;:~:' l2~n.3ms Is ~t.~ si~.y with respect to thz :::-:r:~3yffi:~~, '::cal, so::::1 ::,,:1 eoonomio needs z~ ~i':3-Gzmmunily. Examples include lhe pro'lision of affordable housing that ic z:;:s:~\' accessible to and within close prmcimity to oon'lzrt:~nl s~3pping and z::-:I'~z\,mz~l, E:oessibility I: :To::::;: lru:sil fE:ilities, and creative mixtures of land uses, housing types and densities; 2. :~:: projeot provides exoepti:~:' :~sRileslur&! ?f1d landsoape desi;r. :::-:::Jnities whioh M"~-l -- _,,___,;u_ ;~~,,- ana SRaracteF f-- 'h_ -;,,, t:v_~r"'-~ ;--1' 'ae el(\FaoFElinaw t-ef"tC't.. _.. ___._.::rtt'If_ ...._'!'.::)-' _. ...- ~"_...r-'':'- ....;;. t.. :J afGAil~z'!2rE! 3el:'G~ :~i ':~:l:zaped enlry fealures (may be within lhe public right of way), J*IbOC IrE;), s~'sl~:n::, P:3~:Z r:~e::::Is or gathering spaoc;s, u::I reoreati:~:1 '3allM::> in ::Jxcess of wr.el :s ~::Jquired by ~~;: :~ 2. The ~~ r:~:'.'iOC-!: z~~e~zsr:: ;::.:':';: faciliti-: ~~:~ :~: ~::Jeded by the oily, beyond those require21 rr;t!.aatiz~ :::-:I'ezl ::-:::Jasures. Examples inolude the pro'lisizn zf zzmmunity meeting oenters, ~~r.e~ze:' 1~:~:):':matJ.:~ ;~;:,~_~~ls, FZ~:Z: 3f---fif~ sle.h:ns, I'l:':';: ~::oreation faoilities, ami oommz~ r:e~~::~3 areas or slructuKs lz s::Jrve the c:::-:::-::.!~:t~.~ A. Commercial/Office/Industrial Incentives - Increases in the Floor Area Ratio. As Dart of the process of reviewinQ and aoorovinQ an aoolication for a develooment clan or conditional use permit. the aooroval authority may consider an increase in the maximum allowable intensity as indicated in Tables 17.08.040A and B. The amount of the increased intensity shall not exceed the maximum of the density ranQe or floor area ratio stated for the soecific land use desiQnation. The requested increase may not be aooroved if the city enQineer determines that the increased intensity would create an unmitiQatable imoact uoon traffic circulation or would overburden any utilities servinQ the area. To be eliQible for an increase in the floor area ratio. the aoolicant must meet the followinQ: 1. A traffic im~act analvsis shall be oreoared for the oroiect as determined bv the city enQineer. 2. Provide for FAR increase iustifications from Table 17.08.050A as follows: i. Proiects orooosing an FAR increase of 0.01 to 0.10 shall incoroorate at least one iustification from CateQorv I. one iustification from Catepory III. and one iustification from CateQorv IV of Table 17.08.050A. R:\Development Code\2007 Amendment\RedlineStrikeoutVersion.doc 1 Prooosed Text Looks Like This Proposes Deletes Text Loal,s b.il,=-+Ais ii. Projects orooosin'<<J an FAR increase of 0.11 to 0.20 shall incoroorate at least one iustification from Cateaorv I. one justification from Cate~ory II. one iustification from Cateaorv III. and one iustification from Cateaorv IV ofTable 17.08.050A. iii. Proiects orooosinQ and FAR increase of 0.21 to 0.30 shall incorporate at least one justification from CateQorv I. two Justifications from CateQorv II. two justifications from CateQorv III. and two iustifications from CateQorv IV of Table 17.08.050A. iv. Proiects orooosina and FAR increase of 0.31 or more shall incorporate at least one justification from Cateaorv I. three justifications from Cateporv II. three iustifications from CateQorv III. and three iustifications from Cateaorv IV of Table 17.08.050A. Table 17.08.0S0A Justifications for an FAR 11crease Cateaorv I Communitv Benefit Include uses which orovide benefits to the city with respect to the emolovment and economic needs of the community and orovide documentation detailinSl economic benefits such as peneration of iobs, sales tax. or transient oriented J!! Provide enhanced oublic facilities that are needed bv the city beyond reauired mitiaation imoact measures. Examoles include: the orovision of community meetinQ centers. enhanced transoortation imorovements. oolice or fire stations. oublic recreation facilities. and common parkinQ areas or structures to serve the community Cateao.rv II Conservation Utilize LEED (Leadershio in EnerQI/: and Environmental Desiqnl eliqjble recvcled buildinq materials (such as exterior sidinQ. roofinq materials. and caroet - 20% minimum recvcle contentl Utilize LEED eliaible eneray efficient materials and desian to include: roofinQ, insulation. exterior sidinQ. shadinp from awninas and deeD recessed windows. automated sensors and controls for IiqhtinQ. heatinp. and air conditioninQ, waterless urinals. low-flow toilets and faucets, and aerators and timers on faucets Provide for on-site renewable enemy, {minimum of 10% of R:\Development Code\2007 Amendment\RedlineStrikeoutVersion.doc 2 Cateaorv III Amenities Provide bicycle lockers or lockable indoor storaQe. chanQinq rooms. and showers Provide a location for an on-site da'{care faciliPl or ,I;lrovide a location for a davcare ,orovider Provide parkina desiQnated Cateaorv IV !-an!:lsc;ape& Art Provide trees at 40% 36" box..40% 24" box. and 20% 1S-pallon sizes with all street and oarkinQ lot tree sizes at a minimum 24-inch box size at the time of olantin~ Increase landscaoed ooen space area (increase must be eaual to or areater than 2% of the site area for each 0.05 increase in FARl Increase landscaQed setback (at least Prooosed Text Looks Like This Proposed Deleted Text Looks Like This Cateaorv I Communitv Benefit Table 17.08.050A Justifications for an FAR Increase Cateaorv II Cateoorv III Conservation Amenities the facilities enerav as a park and needs\ ride facilitv Utilize "areen roof' technoloa,! Provide a landscaoed courtyard ooen to a. Qublic street (minimum area egual to 10% ofthe around floor area) Cateaorv IV Landscape & Art two feet additional for each 0.05 increase in FARL Provirle an on-site public art feature of eaual or areater value than reauired b\( the City's Public Art Ordinance and in comoliance with the Cit'!'s Public Art Ordinance Swimmina Pools as Accessorv Structures in Residential Zonina Districts (Table 17.06.050 and $ubsection 17.06.050.E\ I Swimming pool Not permitted .. 5 ft. 15 ft. Swimming pool Not permitted .. 3 ft. 13ft equipment I Spa I Not permitted .. 13 ft. 13ft. Notes: 3. Swimmina pools. soas and 0001 and soa eauiQ in the VL zonina district may be located in the front yards as outlined in Section 17.06.050.E Swimming pools. Swimming pools and spas which are capable of holding water to a depth of eighteen inches or deeper shall be located as follows: 1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas shall be located only in the side or rear yards and shall have a minimum setback of five feet from any property line or building. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located in side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from the front yard areas. R:\Development Code\2Q07 Amendment\RedlineStrikeoutVersion.doc 3 Prooosed Text Looks Like This Prol3osed Deletod Text Loo'~: ,-,,~Hilis 2. For the VL, RR and HR zoninSl districts swimminQ Dools and SDas mav be located within in the side or rear vards and shall have a minimum setback of five feet from anv prooertv line or buildinQ. Pool and SDa eQuioment located in the side or rear vards shall have a minimum setback of three feet from anv DroDertv line and shall be screened from the front vard areas. For the VL. RR and HR zonina districts. Dool sand ~pas mav also be located within the buildable area of the front vard. Pools and SDas shall be enclosed bv a non-climbable barrier Der the Department of Buildina and Safety reauirements. Pool and s,?a eguioment located in the buildable area of the front vard shall be screened from oublic view and from around view from adiacent dwellinQ units. .Freestandina On-Site Directional Sians (Section 17.28.280\ B. Requirements for Freestanding On-Site Directional Signs for Individual Sites in Commercial Districts. These signs are intended to I3rovide direction to automobiles once they have arrived at the site. 1. Maximum area of sign shall be three square feet. 2. Maximum sign structure height shall be three feet. 3. They shall only include letters, logos and arrows. LOQOS shall not exceed 25 oercent of the overall sian area. 4. They shall be screened from view from the l3ublic right-of-way and I3rivate driveways of a center where I3ractical. 5. They shall only be visible from the site they are intended to identify. 6. They may be illuminated. C. Requirements for Freestanding On-Site Directional Signs for Centers in Commercial Districts. These signs are intended to I3rovide directions to automobiles to the different businesses on the site. 1. Maximum area of sign shall be thirty square feet. 2. Maximum sign structure height shall be seven feet. 3. Th~v ~h~1I only include letters. loaos and arrows. Loaos shall not exceed 25 oercent of the overall sian area. a~. They shall be screened from view from the l3ublic right-of-way and I3rivate driveways of a center where I3ractical. 42. They shall only be visible from the site they are intended to identify. l) 2. They may be illuminated. R:\Development Code\2007 Amendment\RedlineStrikeoutVersion.doc 4 Prooosed Text Looks Like This Proposed Deleted Text Looks Lil<o This Landscaoina Reauirements for Freestandina Tenant Sians (Section 17.28.070l a. All freestanding tenant identification signs and building identification signs shall be required to be located within a planted landscaped area which extends on all four sides of the sign. The landscaping area shall be provided according to the following: i. Single tenant and building identification signs shall include a ono hundred squaro foot landscapod aroa landscaoing that extends out from the base of the sian in all four directions. a distance eaual to one-half of the overall heiaht of the sian. ii. Multi-tenant identification signs shall include a t'.\'O hundred squaro kzt Izr.:lscapo'" ::~:::l landscaoina that extends out from the base of the siC:ln in all four directions. a distance eaual to one-half of the overall heiqht of the siC:ln. Code Amendments for Consistencv with Water Qualitv Manaaement Plan Reauirements 17.06.060 LANDSCAPE STANDARDS Landscaoina in residential zoning districts shall be consistent with the Water Efficient Landscape standards established in Chaoter 17.32. and shall be consistent with Water Qualitv Manaaement Plan reauirements. 17.08.060 LANDSCAPE REQUIREMENTS AND STANDARDS Landscaoina in commercial zoninq districts shall be consistent with the Water Efficient Landscape standards established in Chaoter 17.32. and shall be consistent with Water Qualitv Manaaement Plan reauirements. Off-Street Parking and Loading (Section17.24.020.D.c.) c. All parking areas within public view from the street, public right-of-way or adjacent properties shall be paved with an al?orooriate impormeal3le hardened surface capable ef..st:F;:::-+)~g the wei!ilht of the vehicle aporoved b\[ the Deoartment of Public Works. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration. Parking Facility Layout and Dimensions (Section 17.24.050.G.) G. Drainage. All areas used for the movement, parking, loading of vehicles shall be graded and drained to convev dispose of surface water consistent with the Water Quality Manaaement Plan reauirements lif aoolicable\. Drainage shall not be permitted across the surface of walkways or driveways. Parking Facility Layout and Dimensions (Section 17.24.050.H) H. Landscaping. All landscape areas shall include tree, shrub and groundcover plantings. Layout of plant material shall be consistent with the City's adopted water efficient landscape ordinance and with Water Qualitv Manaaement Plan reauirements /if aoolicable~. R\Development Code\2007 Amendment\RedlineStrikeoutVersion.doc 5 Prooosed Text Looks Like This Proposed Deleted Text Looks Like This Landscaoe Desian Standards for Slooes (Section 17.06.060.D and Section 17.08.060.C) Section 17.06.060.0.5 5. Slope banks B'/e feet or Qreat2r in \'ertical heiQht 't::~ 2~:Jpes betwe2n E::-1 c;r.~ shall, at a minimum, be irrigated and landscaped with an appropriate groundcover for erosion controL in accordance with Title 18 ofthe Temecula Municioal Code. 17.08.060.C.5 5. Slope banks five f-eet or Qr22t2~:~ \,:,17.231 hei!lht with sbpcs between 5:1 a-:l~ shall, at a minimum, be irrigated and landscaped with an appropriate groundcover for erosion controL in accordance with Title 18 of the Temecula Municioal Code. Use Matrix (Table 17.08.030) IA Automobile sales (retail/wholesale!brokera!le) with outdoor display/storage of vehicles Automobile sales (retailNvholcsale/brokcHl!lC) with no only indoor display/storage of vehicles C C C C p C C R:\Development Code\2007 Amendment\RedlineStrikeoutVersion.doc 6 DEPARTMENTAL REPORTS ITEM NO. 18 Approvals City Attorney Director of Finance City Manager M/,J.f/ i CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: October 23, 2007 SUBJECT: City Council Travel/Conference Report - September 2007 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On September 6th Council Member Ron Roberts traveled to Arlington, Texas to attend the National League of Cities Transportation Infrastructure and Services Fall Steering Committee. Attachments: Meeting Agenda , Transportation Infrastructure and Services (TIS) Fall Steering Committee Meeting Thursday-Saturday, September 6-8, 2007 Final A~enda Thursdav. Sentember 6. 2007 1 :00 PM - 4:30 PM TIS Sub-Committee Transportation Reauthorization Meeting (Only those who have volunteered to sit on this sub-committee are required to attend.) 4:30 PM Tour of Alliance Airport in Fort Worth 7:30 PM Dinner at Texas Motor Speedway Fridav. Sentember 7. 2007 8:00 AM - 8:30 AM Breakfast 8:30 AM - 8:45 AM Welcome and Meeting Overview Dee Vanderhoef, Chair Council Member, Iowa City, Iowa 8:45 AM-1O:15 AM AMTRAK AND PASSENGER RAIL Andrew Johnsen, Assistant Vice President, Government Affairs Burlington Northern Santa Fe Railway Policy Discussion 10:15 AM -10:30 AM Break 10:30 AM - 12:00 PM CONGESTION RELIEF AND FREIGHT MOVEMENT Policy Discussion 12:00 PM - 1 :00 PM Lunch Friday. Sentember 7. 2007 (Continued) 1 :00 PM - 2:30 PM SURFACE TRANSPORTATION FUNDING Michael Morris, Director of Transportation North Central Texas Council of Governments 2:30 PM - 2:45 PM 2:45 PM - 3 :30 PM 4:00 PM 6:00 PM 7:00 PM Policy Discussion Break FAA REAUTHORIZATION Policy Discussion Tour ofthe Burlington Northern Santa Fe War Room, Tower 55 Tour of City of Arlington Entertainment District Traffic Management Operation Center Dinner and Game at the Ballpark Suite Texas Rangers ys. Seattle Mariners Saturday. Sentember 8. 2007 8:00 AM - 8:30 AM Breakfast 8:30 AM - 8:45 AM 8:45 AM - 9:00 AM 9:00AM-9:15 AM 9:15 AM-IO:15 AM 10:15 AM-IO:30 AM 10:30 AM - 11 :30AM 11:30 AM-ll:45 AM 11 :45 AM 1:00PM-3:00PM Board Update Marcia Marcoux, Board Representative Council Member, Rochester, Minnesota Advisory Council Update Conrad Bowers, Advisory Council Representative Mayor, Bridgeton, Missouri Legislative Update Leslie Wollack Principal Legislative Counsel, National League of Cities Update on Sustainability Discussion from Spring Meeting Resolutions Break Additional Policy Discussion Other Business Adjourn Tour of the Cowboys Stadium ITEM NO. 19 Approvals City Attorney MH/ Director of Finance .. / City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: October 23, 2007 SUBJECT: Economic Development Department Report for the Month of September 2007 PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: Receive and file. The following are the recent highlights for the Economic Development Department for the month of September 2007. ECONOMIC DEVELOPMENT LEADS Staff responded to an RFI for a Medical Manufacturing company looking for a location for its corporate headquarters & production facility. Staff submitted the RFI to Tom Lease with California Business Investment Services (CaIBIS), California Labor & Workforce Development Agency. CalBIS was contacted by a Midwest site selection firm requesting information on the availability of a building which they plan to lease on a 5-acre minimum location. BUSINESS RETENTION On September 18th, staff and a Chamber representative attended a site visit with Fred & Michelle Jones, owners of Entech Consulting Group. The company has over 15 years of environmental and project/program/construction management support experience in the western United States. The company has provided these services to various transportation and manufacturing projects. Staff provided information on the local Virtual Job Fair. Staff followed up on company requests which included: signage for their building, recommendation on IT professionals to assist with their IT needs, and City consultant listing contact information. On September 20, Mayor Washington, staff and a Chamber representative attended a site visit with Ken Smith, owner of Southwest Traders. Mr. Smith also provided a tour of their facility (former Hudson RCI building). Mayor Washington presented a framed article to Ken Smith. Staff provided information on the Virtual Job Fair and follow-up information on the Diaz Rd. improvements and future Murrieta Creek Crossings. OUTREACH MATERIALS Staff worked with local commercial brokers on obtaining property information to include in the Temecula NAIOP handout. Other information included: Old Town Brochure, Guide to Online Business Resources, and information on major projects and the Temecula Outreach program. Staff and graphic designer Ann Howell prepared an ad for the NAIOP program and an invitation for the City of Temecula private reception at South Coast Resort. EVENTS Mayor Washington, City Council Members and staff attended the Temecula on Stage event in Old Town on September 1". The City of Temecula was a major sponsor. There were three stage venues of entertainment which included Blood Sweat & Tears and other local performing artists. Local restaurants and wineries also participated. Staff coordinated with NAIOP (the National Association of Industrial & Office Properties) on their Southern Inland Empire Bus Tourwhich was held on September 27'h The CityofTemecula was one of the main sponsors. Approximately 100 brokers, developers, owners, investors and other professionals in industrial, office and mixed-use commercial real estate attended this event which was held at South Coast Resort & Winery. The City hosted a reception after the event. On September 12'h, Mayor Washington, Council Member Comerchero and staff attended the Temecula Valley International Film & Music Festival Opening Night at Tower Plaza. Mayor Washington, Mayor Pro Tem Naggar, Council Members Roberts and Edwards attended the Film Festival Gala on September 16'h On September 25'h, staff met with P & R Foundation to discuss the upcoming 2007 Fall Rod Run that will take place in Old Town Temecula on October 10- 13, 2007. Council Member Ron Roberts attended the Grand Opening of Fresh & Easy's Neighborhood Market (Tesco), in Riverside on September 25'h Tesco announced that two sites in Temecula have been designated for Fresh & Easy stores, which include a site on Margarita Road at De Portola Road and Rancho California Road at Cosmic Drive. Staff attended the Frankie's Steak & Seafood Restaurant Chamber Ribbon Cutting on September 25'h The restaurant is located at Overland Dr. across from Costco. MEETINGS Staff attended a lunch meeting with Tomi Arbogast, new Executive Director of the Temecula Valley Winegrowers Assoc., at South Coast Resort & Winery on September 6'h. This provided an opportunity for staff to meet with the new Executive Director and talk about ways to partner in the future. Staff attended the Temecula/Murrieta Group Meeting on September 7'h A presentation by Riverside County District Attorney Rod Pacheco was very informative about gangs and prosecution occurring within Riverside County. On September 12th staff had a lunch meeting with Fred Latuperissa, Director United States Department of Commerce, and Norm Martin of TMGI Companies to discuss the U.S. Export Assistance Center of the I nland Empire and the National DEC Conference 2008 which will be held in Palm Springs. There are opportunities for the City of Temecula and the Temecula Valley Convention & Visitors Bureau to pursue with the U.S. Department of Commerce. On September 17'h staff met with Sheri Davis and Dan Taylor from the Inland Empire Film Commission regarding their role in approving film permits for the City and how we can possibly improve the process. Staff attended the Southwest Legislative Council Meeting on September 17'h at the Murrieta Library. There was a Special Presentation on Tribal Gaming Agreements by the Pechanga Development Council and two Tribal Council members. Theywere urging support of the compacts. The SW CA Legislative Council voted in favor of supporting the compacts. The Council also voted to join the Californians for Clean and Reliable Energy Coalition Sunrise Powerlink which will help electric service and help to ensure that Southern California homes and businesses have the energy they need. Council members Edwards and Roberts and staff met with John Firestone and John Lieberg on September 19'h to discuss the Firestone PropertyNillages of Old Town property. Mayor Washington and staff attended the Temecula Valley Brand Discovery Meeting on September 19'h The Miriello Grafico Team, a large brand design firm in San Diego, hired by the Temecula Valley Convention & Visitors Bureau (CVB) is assisting the CVB and tourism partners to develop the Temecula brand. Mayor Washington, Council Member Naggar, and staff met with senior staff of Cal State San Marcos on September 24th as part of the continuing effort to bring a four-year university to Temecula. Staff attended the Southwest California Economic Alliance Partner's Meeting which was held at the City of Lake Elsinore on September 2S'h Partners discussed the MOU and 501 CS filing. An update was provided on the Virtual Job Fair, Brokers Breakfast, and GIS. Refer to the attached Alliance activities report. OTHER Staff is working with Stuart Cellars and graphic designer Ann Howell on developing a private wine label and wine for the City ofTemecula. The wine will be used for promotional purposes, special meetings, Sister Cities, etc. The Economic Development Subcommittee and staff conducted interviews with five consultants that responded to the Economic Development Strategic Plan RFQ. Three of the consultants were selected to continue on for second interviews. ATTACHMENTS: Temecula Valley Chamber of Commerce Activities Report Temecula Valley Convention & Visitors Bureau Activities Report Southwest California Economic Alliance Activities Report .LfADlNGTHEWAY" 26790 Ynez Court Suite A, Temeculo, CA 92591 P: 951.676.5090 F: 951.694.0201 www.temecula.org info@temecula.org October 10, 2007 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the September Monthly Activity Report as per our contract with the City of Temecula. Chamber staff assisted 4 businesses interested in relocating to T emecula. This is what is going at the Chamber at a glance: The Chamber will hold its Inaugural Event "TVCC Business Women Advocates "Opportunities, Connections & Resources for Women in Business on October 30,2007 from 11:00 to 1:30 p.m. at the Old Town Temecula Community Theater. Currently 50 guests have registered and 10 table tops have been secured. Eileen Fry-Bowers, Director at Loma Linda University School of Medicine; Linda Bradley, Southwest Heallhcare Systems, CEO; Leah DiBernardo, De!ytes Fine Food Company, Executive Chef/Owner. Business Development Resource Committee: The Chamber Spotlight winner for September was The Beauty Studio. The Mystery Shopper winner for the month was R.E.E. Air Conditioning & Heating. September's Volunteer Businesses of the Month were Lynn Effinger with the Blood Bank and Jody Nottingham with Nottingham & Doherty, Certified Public Accountants: The Business Success Forum was on Tuesday, September 11, at 11 :30am. The topic of discussion was Marketing Communications and was a special presentation by the Small Business Development Center. Membership & Marketing Committee: 29 businesses joined the Chamber in the month of September and 94 renewed their membership. Staff and Ambassadors attended 9 Ribbon Cutting events in September. The Networking Breakfast, held at BJ's Restaurant, was attended by 80 members and guests. The November Mixer will be held hosted by Barley & Hops Olde World Tavern. 42 members participated in the AUgust - 5 Minute Networking event was held at Weins Family Cellars. Additional welcome visits were made to new businesses by Chamber CEO, staff and Ambassadors. Southwest California Legislative Council: In September, the council voted to support the proposed gaming referendum and joined the Coalition to Protect California's Budget & Economy. The SWCLC also voted to support .and join the Californians for Clean and Reliable Energy Coalition. As water supplies and conveyance continue to be critical issues, the SWCLC will hear from a representative from the Bay-Delta Imported Water Supply Program Manager at the October meeting. Recent press releases informed members on key issues, including the 2008 initiatives, transportation funding, community college funding and the high-speed passenger train bond. The SWCLC will host their 2008 Planning Conference on November 14, 2007. The Temecula Valley Board of Director's also voted to support the proposed gaming referendum and has joined the Coalition to Protect California's Budget & Economy. Special Events Committee: The 2007 Monte Carlo Extravaganza took place on Wednesday, September 19th at Wilson Creek Winery. The event was a great success with over 350 guests in attendance. Harrah's Resort & Casino was the Title Sponsor of the event. They brought with them to Wilson Creek two Las Vegas Showgirls for guests to have their photos taken with. Toyota of Temecula Valley was the Cash Prize Sponsor for the evening. Jon Atwood with Toyota presented Lisa Fuess with Cutting Edge Staffing with the $1000 Cash Prize check. The 2007 Legislative Summit took place Tuesday, October 2nd at Pechanga Resort & Casino. Dan Wallers was the event moderator. Mr. Walters facilitated the panel discussion between the following panelists: Senator Dennis Hollingsworth, Assemblyman Kevin Jeffries, David Crane, Special Advisor to the Governor, Mike Perovich, District Director for Cal Trans, Randy Record Board Member of Eastern Municipal Water District and Amy Minniear, President of Pechanga Development Corporation. Some of the heated issues that were discussed included water supply, energy infrastructure, and the tribal compacts. The 16'h Annual Business & Technology Expo will be held Wednesday, October 17th at Pechanga Resort & Casino. Community Little Book is the Title Sponsor for this year's event. Pechanga Resort & Casino has agreed to be an Affiliate Sponsor. This year's event will include a Technology Expo portion. The expo will take place between the hours of 5:00 p.m. to 8:00 p.m. Currently we have over 40 exhibitors signed up to date. The event is free to the public. This year's event will also feature free 20 minute technology seminars to give local businesses computer solutions to daily challenges and needs. City/Chamber Retention Visits: Alice Sullivan, President/CEO attended the Southwest Trader's retention visit. Tourism Highlights (Bulk brochure distributors) Activity Report: . 60 visitor guides, winery brochures, tourism maps and street maps were given to International Rectifier for a job fair in Austin, TX. . 40 winery brochures and 20 business directories were given to Fountain Glen for new resident packages. . 105 Visitor guides, winery brochures and tourism maps were given to Janice Burgess with Final Touch Relocation Company for a family reunion in 2008. . 50 visitor guides, winery brochures and tourism maps were given to Elizabeth Knapp Interiors for wedding guest. Also, attached are the meeting minutes for the Business Development Resource, Special Events, Southwest Legislative Council, and Membership committees. If you have any questions regarding this information, please call me at (951) 676-5090 or e-mail asullivan@temecula.orq. Thank you. Sincerely, cc: Mayor Chuck Washington Mayor Pro Tem Mike Naggar Councilman Ron Roberts Councilman Jeff Comerchero Shawn Nelson, City Manager Councilwoman Maryann Edwards Grant Yates, Deputy City Manager TVCC Board of Directors Aaron Adam, Assistant City Manager Gloria Wolnick, Marketing Coordinator Bob Johnson, Assistant City Manager/CD Director Temecula Valley Chamber of Commerce Monthly Activity Report September 2007 Chamber Year-To-Date PHONE CALLS This Month Total TOURISM Tourism Referrals 216 2,444 Calendar of Events 115 1,499 Special Events 238 1,878 General Information 1,158 16,976 TOTAL TOURISM CALLS 1,727 22,797 Relocation 248 1,195 Demographics 189 1,249 Chamber 856 6,694 Miscellaneous 702 5,106 TOTAL PHONE CALLS 1,995 37,041 WALK-INS Tourism 147 1,640 Calendar of Events 130 1,046 Special Events 157 912 General Information 987 13,699 Relocation 197 1,336 Demographics 172 1,132 Chamber 474 5,194 Miscellaneous 425 3,666 TOTAL WALK-INS 2,689 28,625 MAILINGS Tourism 1,421 10,906 Relocation 56 1,718 Demographics_ 119. 975 TOTAL MAILINGS 1,596 13,599 E-MAIL Tourism 83 691 Relocation 80 598 Miscellaneous 220 1,906 TOTAL E-MAIL 383 3,195 WEB PAGE USER SESSIONS 17,590 149,668 GRAND TOTALS This Month Year-To-Date PHONE CALLS 3,722 32,894 WALK-INS 2,689 25,257 MAILINGS 1,596 13,599 E-MAIL 383 2,812 WEB PAGE USER SESSIONS 17,590 96,726 Annual Volume Comparisons Chamber Chamber Percentage September 2006 September 2007 PHONE CALLS TOURISM Tourism Referrals 204 216 106% Calendar of Events 143 115 80% Special Events 163 238 146% General Information 2,210 1,158 52% TOTAL TOURISM CALLS 2,720 1,727 63% Relocation 103 248 241% Demographics 80 189 236% Chamber 495 856 173% Miscellaneous 416 702 169% TOTAL PHONE CALLS 3,814 1,995 52% WALK-INS Tourism 150 147 98% Calendar of Events 118 130 110% Special Events 100 157 157% General Information 1,773 987 56% Relocation 60 197 328% Demographics 35 172 491% Chamber 317 474 150% Miscellaneous 310 425 137% Visitor Center Walk-Ins TOTAL WALK-INS 2,863 2,689 94% MAILINGS Tourism 541 1,421 10% Relocation 14 56 850% Demographics 13 119 1346% TOTAL MAILINGS 568 1,596 62% E-MAIL Tourism 82 83 98% Relocation 13 80 1692% Miscellaneous 168 220 228% TOTAL E-MAIL 263 383 146% WEBSITE USER SESSIONS 6,493 17,590 271% . Chamber referrals reflect faxes, walk-ins and phone calls SOUTHWEST CALIFORNIA LEGISLATIVE COUNCIL www.southwestcaliforniaadvocacv.biz Temecnla Valley Chamber of Commerce Lake Elsinore Chamber of Commerce Murrieta Chamber of Commerce !'ieotember 2007 SWCLC Meetio" Minutes Southwest California Legislative Council A Joint Committee ofTemecula, Lake Elsinore and Murrieta Chambers of Commerce Meeting Minutes Monday, September 17,2007 2006 Chair: Joan Sparkman (Absent) 2007 Chair: Dennis Frank (Absent) Chamber Advocacy: Jeremy Harris Directors Present: Karen Wikert, Roger Ziemer, Amber Wiens- Starbuck, Greg Morrison, Dr. Billie Blair, Scott Crane Isaac Lizarraga, Gene Wunderlich, Amy Minniear, Glen Daigle, Carl Johnson Directors Absent: Dennis Frank, Joan Sparkman Members Present: Jeff Greene-Office of Jefferies, Karl Reuther-Granite Construction Doug OBerheu, Megan Reed, Mindy Zink, Norma Arias-Lee, Jolene A~lred;Meggan Reed,Viet"Tran,Dave Wihnan, Cheryl Bisco office of John Benoit Tamara Middlecamp-City OfTemecula Staff: Alice Sullivan, Laur" TurnboW:; Rex. Oliver, Rosiilie Roberts, Kim COlisins Meeting called to order at 12:lOpm Chair's Report . Recent Press Releases: Take Action Now-Murrieta, Lake Elsinore, Temecula Chambers and Southwest California Legislative Council, is asking for Businesses and Organizations from the Southwest California to support the signing of a letter addressed to the Inland Empire Legislative Caucus, regarding that the luland Empire Legislative Caucus to continue to meet and send meeting agendas to the Chamber and Businesses who sign into our letters. More updates to come. . Inland Empire Legislative Caucus Letter: Donna from Hollingsworth Office was not clear if still needed letter written. Inland Empire Legislative has met 3 times, which is a good thing. The letter went out September 17,2007. Agenda I. Approval of August 2007 Minutes-Motion made, seconded and carried. 2. Purposed Referendum on Tribal Gaming Agreements-Special Presentation by: Attendees: Jacob Mejia-Pechanga Development Council Heather Holmes-Pechanga Development Council Andrew Masie!, Sr.-Tribal Council-Pechanga Indian Reservation Rnssell "Butch" Murphy-Pechanga Tribal Council Want our support on this item on Tribal Gaming Agreements. October 8, 2007 is the deadline. Gave us handout on how the California's State Budget and Economy will benefit from the New Indian Gaming Agreements. The handout has all the information regarding the Tribal Gaming Agreements. Motion in favor of Agreement and seconded. Amy Minniear abstained from the vote. 3, Join the Californians for Ctean and Reliable Energy Coalition Sunrise Powerlink will help electric service, also will help ensure Sonthern California homes and businesses have the energy they need. Greg Morrison 4. Legislative Report #7 A list of failed Bills. Status list that went to the Governor Over 60 current Bills, more than we have tooked at in the past. . . .. COlnment- was. made that we have sent double the nnmber oflettersregarding.legistatiQn Legislative Reports Cheryl Bisco from Jolm Benoit's office. Flyer promoting State Bond Funding Workshop Letter discussing bill AB 942 Letter distributed discussing other bills Jeff Greene from Keven Jeffries Office Discussed Special Session on Health Care and Water Issues Looking at developing two above ground water storage facilities Delta by pass issue. Meeting was adjourned at 1:12pm Next meeting will be Monday, October 15, 2007 at 12:00noon TEMECULA. VA1ltEY Cl-lAMB E R .. tiii(;sv""".""'.'kf"C"O' MMEn'CE ',,- "".";"''''"'''':::'':'''U f'il.:. "LEADING THE WAY" Membership Meeting Minutes Wednesday, September 12, 2007 - 8:00a.m. -9:00a.m. Chamber Conference Room Sponsored by Community Little Book Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill representative and strive to enhance the value of membership encouraging ongoing dialogue between members. Committee Chair: Dan Brunell Co-Chairs: Jann Gentry Adam Ruiz Julie Ngo Board Liaisons: Tony Berardino Committee Present: Dan Brunell, Adam Ruiz, Julie Ngo, Michelle Deskin, Judy Remsen, David Paget, Lori Lombardi, Jaml McNees, Lee McCollum, Sandy Dodson, Scott Crane, YounPiI Oh, Nathan Garn, Jackie Steed. Staff Present: Kimberly Freize-Uhler, Katie Edmonds and Alice Sullivan Minutes Committee Chair called the meeting to order at 8:02a.m. Self-introductions of the committee followed. The minutes of the previous meeting were reviewed and motioned for approval by Julie Ngo and seconded by Lee McCollum, which carried. Miscellaneous Guest SpeakerIoriCombardT: Lori spoke on the different programs that the University of Phoenix offers to employers as well as employees. The school has a great location off the 215 freeway and it is a very supportive school. This is a great member benefit to promote. Open Discussion by Committee: Brunell congratulated the chamber staff on budget #'s. Excellent work! Brunell asked for input from the committee on "My 5 Minute Networking." It would be a revenue generator for the Chamber as the online profile Is free to set up but the upgrade is $9.95 and 20% of that goes to the Chamber. The features were discussed: security settings, emailing, links, photos, can track attendees from events, leads generator. One lead is worth $10 a month! 5 Minute Networking has done a great job with software and the website looks fabulous. This would need to go the board to be approved but the Chamber would only receive the credit if we launch it within 2 weeks. There was a great response to this program. It was motioned for approval by Sandy Dodson and seconded by Jamie McNees. Approved, No disapprovals by committee. By Alice Sullivan: The Prisoner Release Program was discussed. According to Rob Pocheco 40,000 prisoners will be released within 40 different counties but 4-5 thousand will be released in Temecula because of the rural area. This is due to happen in November this year. Members will be able to send letters to congress opposing the release of the prisoners to the Temecula area. The state has no plan once the release has happened. The committee wants to support in anyway they can. A meeting will be held at the Chamber September 28'h to vote on changing the bylaws. We need to reach a quorum of 60-80 people. Everyone has already consented to changes we just need bodies to finalize changes. Will possibly have a representative from Pechanga at meeting. Networkino Breakfast. Networkina Luncheon. Mixers and 5 Minute Networkino: By Adam Rulz: Ruiz announced that the next Networking Breakfast will be September 26'h He also reported that the Breakfast is going very well and that sponsorship opportunities are available. Ruiz Announced the next 5 Minute Networking Event would be on Thursday, September 13th at Ponte Winery. 26 people have signed up and we still need about 10. The next Networking Luncheon will be October 16'h but the location is TBD. The sponsors are Cornerstone and Strachota. It was reported that there was a great new group of people that had attended the last event. This event will hold the same format as last time. The Power Networking Workshop had 34 attendees at the last meeting. The topic for the Business Success Forum for October will be "How to Develop a Business Plan." Sub-Committee Reports Welcome & Retention By Julie Ngo: ---.....--.-----.-- Ngo reported that the welcome committee is making their scheduled calls to the new members and that the calls are going good although the 4th month calls are hard as the members are not returning calls. The Committee decided that leaving 2 messages was sufficient. If they don't answer by phone, send an email. Ngo will assign 4 members to each Ambassador to contact. Jamie McNees has been calling and has had a good response and good conversations with the members she has been able to reach. Lee McCollum stated that the members are happy they called. The 1" call is great, the 2nd call is hard and the 3'" call is coming up. Ngo will report next month with the 3'" call response. Ambassador Proaram: By Dan Brunell and Kimberly Freize-Uhler: New Member ribbons were discussed. The committee decided that a bright color would be best. The last Ambassador training we had a great turn out of 15 attendees. The number of Ambassadors is in the low 80s. Everyone is doing a good job recruiting new ambassadors. They will be asked to sign a recommitment form at the end of the year. The Chamber has offered additional benefits this year. Suggestions were made that we continue to greet new members and attend ribbon cuttings whenever possible. The Ambassadors will be having a contest coming up at the end of the year. The Ambassadors stated that they like receiving the ribbon cutting emails 2 weeks ahead of time. Hosoital Reoort: By Scott Crane Crane reported the proposed hospital is on track but is still in the process. Some grading has started to the east of Pio Pico wash but it is not the hospitals ground, it is another project underway. They are anticipating the permit from the state and the approval from the city should come together at the same time, allowing the grading to begin sometime 1st qtr. 2008. Citv of Temecula Reoort: By Alice Sullivan: The duck pond held a wonderful celebration and dedication of the sculpture "Singing in the Rain." The sculpture was dedicated by Voorburg and Holland. The Pechanga referendum was discussed. It has already been signed by the government but there are still some that are opposing it. Pechanga representatives will be coming before the board to ask for the Chamber's support. The union has stated that Pechanga should have union employees working for them. If the referendum does pass there is a possibility that slot machines will be put in public places. The state of the quarry was discussed. II has gone before the board and the Southwest California Legislative Council and the board will consider the environmental impact. They are waiting for the EIR report to make determination allhough the community is opposing the quarry. The Chamber's Legislative Summit will be a great event. The speakers were announced. Mixer: By Staff: In place of October's mixer will be the Business and Technology Expo, October 17'h. Board Reoort: By Tony Berardino and Alice Sullivan: Sullivan reported that the Chamber has lost it's sponsor for the Awards Gala for 2008 as well as half the sponsorship for the Small Business Development Center. The Chamber is now looking for sponsors. It was reported that Paul Nolta with the SBDC has done a great job and each seminar he has held has been a success. Sullivan will be holding a meeting today to review the proposal for health insurance to be offered to chamber members. A copy of the new statistics for the population growth of Temecula was passed around the room. Ooen Discussion: The Ribbon Cuttings and upcoming events were discussed. Sullivan asked that the committee attend the ribbon cutting at Frankie's Steak & Seafood if available. . The dates and deadlines were discussed for the China trip taking place March 2008. Monte Carlo will be September 19'h. The Business Women's Advocates event will take place October 30th and is open to everyone, tickets are on sale and expo space is available. The speakers for the event were discussed and membership was congratulated on how hard they have worked. Sullivan reported the Old Town Merchant Association and the Farmers Market are working on a compromise to keep the Farmers Market and Old Town Merchants an attraction to all consumers. Sullivan announced that the Chamber is now taking nominations for the board, citizen of the year and business of the year. Meeting adjourned: 9:03am - Thank you for your attendance. TEMECUL1\.. VA~~!~'~F' ..!=IAM. BE R \."",,"\k;o""\j COMMERCE """"._'.~-"---_.' "LEADING THE WAY" Temecula Valley Chamber of Commerce Special Eveuts Committee Update September 2007 2007 Monte Carlo Extraval!anza This year's Monte Carlo Extravaganza was a great success! We had over 350 guests in attendance. Lisa Fuess with Cutting Edge Staffing was the lucky $1000 grand prize winner. Matthew Cvar was the $500 grand prize winner. Harrah's was the event's Title Sponsor. They helped present a great event which included Las Vegas Showgirls, Mardi Gras beads, playing cards, dice and much more. 2007 Lel!islative Summit The 2007 Legislative Sui'nmit took place Tuesday, October 2nd at Pechanga Resort & Casino. Dan Walters facilitated the panel discussion between Senator Dennis Hollingsworth, Special Advisor to the Governor, David Crane, Assembly member Kevin Jeffries, Randy Record with Eastern Municipal Water District, Mike Perovich, Cal Trans District Director for San Bernardino and Amy Minniear, President of Pechanga Development Corporation. Dan Walters covered many hot issues with the panelist such as water, energy, transportation, and the tribal compacts with the state. There were over 240 guests in attendance. Business & Technolol!V Exno This year's Business & Technology Expo is set to take place Wednesday, October: 1 ?,h.~~._ Pechanga Resort & Casino from 5:00p:m. - 8:oOP:iii.--The event takes the place of our October Mixer. Community Little Book is the events Title Sponsor. Booths are still available for both Member and Non-Member Businesses to purchase. Currently we have sold 34 booths to date. The committee has secured the following speakers for the Tech Expo portion of the event: Kurt Peck - Web Development, Symantec - Web Security, Guy Reams/Conduit Networks - Network Security, and Michelle Deskin! Apples & Jack Rabbits - Data Recovery. The Each seminar will be 20 minute long followed by 5 minutes of question and answers. TE~ECUL6- . V^!{EYCMAMBER ":",":",c"'tJF COMMERCE 'LEADING THE WAY' Business Development Resource Committee MEETING MINUTES Wednesday, September 19,@ 8:00am TVCC Conference Room Sponsored by Community Little Book Committee Chair: Ginny Mulhern (present) Co-Chair: Barak Berlin (not present) Board Liaison: Bill Seltzer (not present) & Karen Roberts (not present) Members Present: Lisa Fuess, Jamie Walden Staff Present: Emily Pulley ADD.roval of Minutes Could not approve Aug minute, did not have quorum. Member Recoanition Proaram for SeDtember Spotlight The UPS Store Oscar Gonzalez 27475 Ynez Rd 951-699-6901 Volunteer Promotional Experience Jackie Steed 95-452-3856 www.oromotionalexoerience.com Mystery La Cocina Bar & Grill Jerry Velasquez 32459 Hwy 79 S. Ste D103 951-302-6233 Republic Mortgage David Paget 951-296-9896 Business Success Forum September forum was a special presentation by the SBDC on Marketing Communications. October's topic is "how to write a business plan." Partners in learnina No updates Board Uodate A. Networking Breakfast, Wednesday, Sept 26, from 7:30 to 9:30am, BJ's Restaurant. 8. 5 Minute Networking - Thursday, Oct 11, Ponte Family Cellars, Must register, call Membership. C. Monte Carlo - TONIGHT Wednesday, September 19 - tickets on sale D. Legislative Summit - October 2, sponsorships available E. Business & Technology Expo - October 17, booths available F. Chamber Trip to China - 9 days all inclusive, $1499, everyone welcome Committee Uodate! Ginny and Lisa talked with Jamie about what the BDR committee does and all of the upcoming chamber events. AdJournment Thank you for attendingl NEXT MEETING: Wednesday, October 17, at 8:00am Location: TVCC Conference Room Sponsored by Community Little Book September 2007 Highlights Page 1 Great Response to "Temecula" at Local & Domestic Trade Shows J'he Motivation Show (9/25-27) The TVCVB ventured outside of Cali- fornia and attended the Incentive Travel & Meeting Executives Trade Show at the McCormick Place Convention Center in Chi- cago. This show is the world's largest collection of NEW ideas to stimulate sales, improve t'c....f...,...u.- anee, and reward service. More than 2,000 exhibits featured the most popular brand name mer- chandise, incentive travel and meeting destinations, gift cards, and online services, used in pro- grams to motivate employees, boost sales, and increase market share. The show attracted over 13,000 buyers, 30% of which have annual travel budgets of $100,000- $1 Million. Leslie Mercado and Steve MaIlory of Pechanga Resort & Casino manned the booth and was visited by hundreds of Meet- ing Planners, Travel Agents & Company Executives interested in the Temecula Valley as a destina- tion. Many qualified contacts were made at the show, and the sales staff is currently following up on leads from such_companies as Abbott Laboratories, The Pam- pered Chef, Amgen, Allstate Insur- ance and Wicks. Califomia Stall> Oripn ~o1f C'ham- pion;<:hin 19/2S\, Team TVCVB played with one of the pros in the Pro-Am at Red Hawk Goll Course. As the oldest pro golf champion- ship in the state, some of the best up-and-coming players from around the world competed in this tournament. The CVB distributed visitor guides and winery maps at the check-in table. NFRW f',TMional ConVl'>ntintl {q/2ID Over 1,000 delegates from all over the US attended this event at the Palm Springs Convention Center. CVB Co-Chair, Val Skovron, in- vited us to participate, where we distributed collateral and coordi- nated 5 wineries to provide wine tasting for the attendees. Partici- pating wineries were: Briar Rose, Maurice Car'rie, VR La Cereza, Wilson Creek and Keyways. Spe- cial guests from the entertain- ment industry as well as Califor- nia Republican Party leaders and elected officials and local digni- taries were among the crowd. Contacts were made with some meeting planners interested in bringing groups to TemeCUla. NBC Travpl Exno (9129-.10) Held at the San Diego Convention Center, Pechanga invited us to partner at this show. It yielded 4,000 people and we made good conta!=ts with attendees and me- dia ~';'t'~,;;.,,'W.tatives (The' Epoch Times-Chinese Newspaper, Golf and Wine Travel, Honeymoon Wishes, The Women's Travel Club and Tijuana ConVis). Key Tourism Leaders Participate at Branding Discovery Meeting Along with Branding . partner, Miriello Grafico, the CVB held it's first Brand- . ing Discovery Ses- sion in September. Key tourism leaders . attended and of- fered tangible input and expertise from . their specific tour- ism industry experi- . ences. Following is . a list of individuals who participated: City of Temecula-Mayor Chuck Washington, Aaron Ad~ms, Gloria Wolnick, Martin Betz (VB Board of Directors-Denis Ferguson, Doug Leiber, John Kelliher, Melody Brunsting, Katherine Bailey, Kelly Daniels, Steve Mallory, Cherise Manning, Carlos Palma, Ken Westmyer, Bill Wilson . . Temecula Valley Chamber of Commerce-Alice Sullivan Pechanga Resort &,Casino-Lorraine Cebollero Temecula Valley Winegrowers Assn.-Ray Falkner, Tomi Arbogast South Coast Winery Resort & Spa-Les Utley, Crystal Magan Old Town Temecula-Bonnie Reed . CVB Staff-Kimberly Adams, Carrie Penny] Leslie Mercado, Carolyn Fittipaldi Temecula Valley International Film & Music Festival The TVCVB was a proud sponsor for the T emecula Valley Intemational Film & Music Festival and hosted the VIP Hospital- ity Suite for the week of the event. Numerous guests were assisted with lodging, dining and recreational activity rec- ommendationsc A film- maker site tour and a wine tasting tour were offered to visiting guests in an effort to introduce and educate those unfamiliar with our breath-taking valley. The CVB also sponsored a table at the Sunday night Gala Dinner at Pechanga Resort & Casino. Members of the CVB Board of Directors, staff and invited guests of the Temecula Valley Wine- growers Association were on hand to share in the rec- ognition and presentations_ to award-winning film mak- ers, producers and deserv- ing talent. California Travel Research Page 2 C\t)jf9r~)!! H~ie' Ocgupancyand 800m. Rilj~~(Ailg~$t' ~Oli7}.:;G~lifornia hQ(eloccupaljcy iose;nepeic~ntin Aug~st,a Il~n g~er fne,'pnqr 'y~aY arlc(_t,he Ropr't:Tlontfl. but les~ t'haO:,tne:2:~% coceupilncy, i,ncre~~~: for rne'cOuntrias. -~ villot!=!. - A'Olle", sJb-:regl6~)~y~l, the:tf~ni:1s' "~e\~ ,iDjxeg~:O~kta:nd ,and otil"er-Hay_ Area"fn~rk~tS ,r~p'o~ed 'g~pS, -LA. ~ijd)\naheim wer~ - ,up stjg~tly; whl~e :'m9s~ :~E;!J:1tr~I'\/~II~y- ~~as 'w~re g~w,"!. J:~alifq~ia [?~m rates ~~~e 6.9.% above',Aug~s~ ~f I@t x~a~., :-:~tlrcie: ,siriiJ~ Jrav~(~~s~arch, Cf~ ~9d9Ih~.'ln~u~tr1_p~iforin.a~_c~~- ~~Pt~mb~r 29~7. . _ _ .' - . ',' '..' - -- , - - ,> - -' . - -,' - .- - ,-Qt=;I(lfo;rnj~ 'CQuntrY frQfth!8: - Visitation trends~for (j~eralr.an'd"l~isure travEittc)'Ca1if6rofa as well-as~ party siZ~; ~Q6kJng methods, spertdin9_ . '~~((~e~~gr.;\p~~t5S are' no~ ~vailab!e' !or, t~e fpllowipg ;c~~f1iri~s' ?O:~- {~gi,~~fd~!?a~! -.9~T]a~a, _UJ<,~~:~IGp[ffi~~hy;:,~u~!r:~I~at~Mexjco (~l.r): '~hin~;_. India; Singapore'. :South Korea; Taiwan, Australia~ New2ealand..Soutfj.;Ainerica,' Middle,Ec$t: Brazil. France,'-(tary,.Nettierli:mds,'New Zealand; ~~~;;;~Sl_i:~~~~~~~ . : n~~~)ray~! t~ .<(ahfQrmtt, pq~!tl~er~~ ~tt~cy:~~, ~9~t~(~Yi~I.~Y~!~!P~?9..~o.q~.~;1-~I~We, '.~!~!t~!!Q~ !~B~~~s~~tp,:9-r-"~~-I'!]P_W~~" ~9~?pq~,: ~II~ Q<l!~~- ,,~'~?~~':u:~~~1 W~~W fi3%.--.~~~I~g tli~, ~lrp':cp;~~~~ut!y,~~'f-lt]IJ.l!~J:Jn,~r~~-~~,;~~dom!<;i J9JS_~(e 1l'~ltQ~~!9,t~~~~'~f~c~'~';!TI~J!'~!l ~D~f90q:~nd '~~~!- ~I!~fiiW~.,~_.~i ,:< .: t'f~.[e~~f'.sPt?ut: ?!~q '!nc~~J'frl cby':~:;,s~gl)l~~~t;!ll~Jg'mf:J9'JJmlJg'{r9ffi"~1 :~,~_?/~:!~ '209~ :!f3~'1; 1. ;?9.%i,~R,;, ,9:~~:.{EfP,[~~flJ~n~;Jl1'EfJ~r9~t?t-,-gtt,,:r :~:~.: ~',:~'ahi(f ',. 'jl1e.50 'statesl'The Irfc'(ea:sEhvas~fueledJbfleTsiJiEfaht:NiusiDess:.traVe1ar$,...ti0tli;-ofAAlIl16h~contfli 'W]-~lr'- ~', ri:t1'fendi;.~: :.,~{.o/.-.: \::~ ~~. . ~.;i~fff'''~'f<.\~I:~'fj~I' ;~-." -::'t.1o:M.1'5~nlglilidor out-of-state~ lelsur Itors:,< !elsur.s>V1sttor;s!MV Q[.~eg~ ~ri'~i\l~~~~l;'ii~:~t~iii{;;:ji ,', ("ci;~E;:~j~~ :0~;i~1~~l' ~-:~~, -' :i'~ ;~,,>:,~~'~:">;:'~~-:i;.~ )~~~r~: ~;traver..t6.,Califarriia" . :Sa:'3: ,USjn~~~~\7~;~~~~~~Yii&~( , :~:<<." ;~{: _, !~~~!'l~~',~f:f~W~ ::;~t=.~~-/ ,'::: ~ ~::~~r ~-:,,:~)~'-~;~:;~~'~~:' ~~~:?f ,,---~,'>.~l!-:;:3~r \~~,;.~, t:~ Regional Marketing . In September the Inland Empire Tour- ism Council held their Strategic Meet- ing @ South Coast Winery Resort & Spa. Representatives from Ontario CVB, San Bernardino CVB, Lake Ar- rowhead CVB, Ramona Bowl and En- terprise Car Rental were some of the key individuals involved in the strate- gic planning and development of goals for regional branding. Kimberly Adams was appointed First Vice Chair to their Executive Board and will continue to represent Temecula Valley as a top- tier, premier destination. . The California Travel and Tourism Commission (CITe) has developed a 5-year Strategic Marketing Plan that includes Rural Tourism as part of the program to support their do- mestic marketing efforts. River- side County and, subsequently, Temecula Valley is considered rural and part of the program. The plan includes the integration of three key components: Rural Tourism, California Welcome Cen- ters and Cultural/Heritage Tour- ism. An objective of the plan is for the CITC to partner with gate- way and urban cities (including San Francisco, LA, San Diego, Monterey, Santa Barbara and f)nti'lrio) and to re-brandj reposi- tion the experiences of rural Cali- fornia. WalkIns.... ............. ...2,198 Rqom Night Bookings".:".."... "..103 .Phone Calls........". .... .1,848 Media Inquiries..: ....,... .,.....,.. ........36 Email Requests........... ...282 FAM Toms/Trade shows. ....". ........5 Mail Orders........... .... ..2,077 ' Events & FestivalS. ",:.. ":,'''' .....".. ...3 Marketed Events..........,.:... .... .301 ( CVB Upcoming Events " \ . 10/10-10/13 Temecula Rod Run, I Otd Town Temecula . 10/30 CITC Media Event, Beverly Hills . 11/17 San Diego Bay Wtne & Food Classic, San Diego . 11/29-30 Travel Media Show- case Post F AM, Temecula . 12/4 TVCVB Open House, 1\rfain Office . 12/5 CalSAE Seasonal , ~ Spectacular Trade) Show, Sacramento t: o Q. Q) a: Ul Q) m en ml:; >0 ON >a: I-w m ::iiE w l- e.. w en c i= c 0 ~ 0 co '" E E E UJ UJ UJ UJ UJ UJ UJ ~ ';; ';; :2 :2 :2 :2 :2 :2 :2 0 co ~ ~ , co) ID ID 0; "" "" "" "" "" "" "" l:; ;;: ;;: () !:: !:: !:: !:: !:: !:: !:: lD > '" G> IL .,. 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E H H ~~ ~~ "c i~ !~ '. }!.~ 'B i< $1 !. ,. ,~ ~i u '" "" ti . , .. .. !~ .~ ~ .~ !~ $~ 8.~ u ~g ~~ , h I '1~ ] ~ ~ " ' i g - E... iH Tourism Activity Report September 2007 TVCVB Walk-Ins Total Walk-Ins: 2,198 TVCVB Phone Calls Tourism Referrals Generallnfo Total Phone Calls: 1,848 TVCVB Web site Activity April- September 2007 Website Visitors Per Montb 25000 ..., 20000 15000 ' 10000. 5000 . Hits Per Month 70l}(){)O 600000 500000 . 4000Q0 300000 200000 100000 . 0- 'C ? . = ~ = .., ~ ~ "5 ~ ~ ~ ~. < g.<l> 00 TVCVB Online Booking Report-YTD May 2005 - September 2007 September Rooms Booked = 103 T~n.oul. ere.~ [no ~ h:- ~ ,~.. ~.::~: F.. . .~ ,.. ,.:~:::: :::: ~~ i>al.MesoResort :1 5 Pain CasIno I 7 ~ ' Holid.ylnu&p,..". . , Hiunpto"Inn&Sutt"".. ..~h ~ 15 Edended Stay A.m<rl<.o .. 144 ""::~: Ii.. .. fm.. : ..: ..:. Comfol'UnnMurrtWl III!iIIiIIII 3 Casl:JeQ-e<k 13 J 157 l- i. l~ 12 76 -.'68 ,..iiII 164 8estWosternFollbrook I 8 BestW..temTemeculo 77 50 '00 '" zoo ". 30. Room NightsBooked per Hotel TVCVB Online Booking Revenue May 2005 - September 2007 Revenue By Year/Month: ~ ~ 70000 I 60000 . '---- 50000 . 40000 . 30000 . 20000 . 10000 . o. ~ Ii; ~ " ~ 'E ~ ~ -" ! . . ~ ,;; . .. ~ 11200512006 ~ ~ . ~ . < ~ . , . :1 < . ~ ~ ~ .:: ~ .200612007 Q ~ 82007 Total Booking Revenue: $184,430 September 2007 Monthly Activity Report for Temecula Valley Visitors Center Dav Date Walk-Ins Visitina From Sat 9/1 26 Missouri Orange Poway Sun 9/2 5 Lake Elsinore Ohio Total 31 Dav Date Walk-ins Visitina From Mon 9/3 1 Ohio Virginia Colorado Massachusetts Tue 9/4 18 Canada Banning Temecula San Marcos Wed 9/5 34 New York New Jersey Washington Escondido Thu 9/6 16 Texas O.C Oklahoma Canada Fri 9/7 14 San Diego Hemet Artesia Japan Sat 9/8 32 New Mexico Long Beach Reno Arizona Sun 9/9 13 Total 128 Dav Date Walk-ins Visitino From Mon 9/10 10 Philly Vermont Temecula Lavern Tue 9/11 17 Fullerton Deluz Kansas San Diego Wed 9/12 20 Palm Desert Ohio Rancho Cucamonga Thu 9/13 17 Florida Oregon Murrieta San Clemente Frl 9/14 6 England Germany Oklahoma Chicago Sat 9/15 36 Riverside New port beach L.A Palm Springs Sun 9/16 35 New York Sun City Redondo Beach Total 141 Dav Date Walk-ins Visitino From Mon 9/17 30 Washington D.C Michigan Temecula Tue 9/18 36 LA Japan Pennsylvania Wed 9/19 10 Carls bad Canada San Diego Thu 9/20 35 Arizona Florida Maryland Fri 9/21 18 Encinitas Fallbrook Massachusetts Sat 9/22 15 Wisconsin Colorado New Jersey Sun 9/23 30 Bay Area Fresno Sun City Total 174 Dav Date W'llk-ins Vlsitino From Mon 9/24 24 New Hampshire Missouri Michigan Canada Tue 9/25 17 Temecula Dana Point Fontana Vermont Wed 9/26 41 Los Angeles Columbia Japan Denmark Thu 9/27 21 Texas New Jersey Philadelphia New York Fri 9/28 18 Ohio Arizona France Salt Lake Sat 9/29 16 Germany Laguna Bch Montana Pennsylvania Sun 9/30 69 New York London Australia Sacramento Total 206 Grand Total 680 J ! if j~ 1 Go-l j I>lo-l :II.: ~> '0'("-. v co ('t) DlDGOOO C\J,.... 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N,....NN ~ '5~ ,.... :;:;() 0_ <(1;i >- :ern c--omVIDm-~~MmW-(YJ~LOMM-~mM~~-~- o~ N ......,.... ,....,....,....,.... ~ ~ca ,.... ....0 o 0 o- NE ~B E :!!i a>> g--~~~~~-~~~~~-~~~~~-~~~~~--- 00 88888 88888 8'8888 88888 ~~~~~ ~~~~~ ~~~~~ ~~~~~ m ('t)Vu)ID~ o,....('\jOOv ~oomo,.... vLOID~CO ~ mmmmm ~~~~~ ~~~~~ ~~~~~ o mmmmm mmmmm mmmmm ~ ---------------------------m- - o - "C c(/')~~ c(/')~~ c(/')~~ c(/')~~ C ~ o~m~.c o~m~.c o~m~.c o~m~.c ~ O_2f-:;:f-~_2f-:;:f-~_2f-:;:f-~_2f-:;:f-~_~_ Temeeula .~ County of Riverside TO: Sarah Mundy Deputy Director Riverside County EDA Aaron Adams Assistant City Manager City of Temecula Ron Bradley City Manager City of Murrieta Cathy Barrozo Analyst City of Lake Elsinore FROM: Stevie Field Executive Director DATE: September 15, 2007 SUBJECT: SOUTHWEST CALIFORNIA MONTHLY MARKETING UPDATE Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest California Marketing for Business Attraction Agreement. Leads During August, eight contacts were made to our office for information. As summer as come .to a close, April and I will be working diligently over the next 30 days to reconnect with leads that have gone cold. Web-site/GIS During August, we had 8,945 visitors to our website. Augusts' visitor total was down slightly from July, however, I am confident that this is due to so many people being on vacation and taking time off from work. I am reviewing the website now for its annual update. If you have any recommended changes/deletions/additions, please feel free to let me know. Incorooration/Bvlaws We still need formal approval of the Bylaws. I have emailed the latest Bylaws. version to each Partner and have provided packets to two of the Partners with a check-off list of what has been completed in the incorporation process, which I have included below. I hope that we can adopt these bylaws at the end of September. Articles of Incorporation Registration of Business Name - Filed and granted by the Secretary of State Employer Identification Number - Approved and assigned County of Riverside Business Registration - Approved By-Laws - Corporate Bank Account - Waiting for Board approval Mission Oaks National Bank 501 (c) (6) application - In process Payroll Service - Paychex Workmans Comp Ins. Paychex Business Liability Ins. Hartford (through Paychex) Soarina Dimensions The Soaring Dimensions was delivered to my office and I will drop a supply off to each Partner this week. Virtual Job Fair/Job Database Our first Virtual Job Fair will be held on Oct. 21 - 28, 2007. We have changed the dates as the PE and the Californian were both hosting job fairs around the same time. We have also discovered that the employers are pleased with the time extension so that they can play around on the site for a little longer before making a decision. The fair will be located at www.stooyourcommutino.com. To recap on the exhibitor levels and fair information: we will offer three levels for exhibitors. The Elite Exhibitor level will be $5,000 and we will have five (5) spaces, the Premiere level will have seven (7) opportunities at $1,500 each and the standard exhibitor fee, of which there will be unlimited openings, is $500. Each exhibitor will be able to list all of their openings during their fair and then all job opportunities will be transferred to the Alliance job database. Each exhibitor will be provided a visitor counter so that they can see how many applicants visited their booth and all resumes that are submitted will go directly to the company. The Alliance will also have a master database which will "house" all resumes filled out by applicants. The resume form will be standard and will be the same for everyone, meaning the applicant will not be able to "cut and paste" their own resume, they will have to use the format provided. Visitors (or applicants), will be able to search by company or by job title. Companies that are the second tier or Premier exhibitors will have their opportunities displayed first. All Premier exhibitors will have their logos included on marketing pieces. We will also have the ability to emall all exhibitors and inform them of upcoming fairs as well as find out if our fair was successful for them. At the end of the fair, I will provide a report to the Partners with total visitor count, total monies generated and total cost of the fair. The first fair will be the most expensive because of the building of the Infrastructure. Depending on its success and employer need, it is my hope that we will host this show two - four times a year. This is a complex project and there is a lot of information associated with it. I will be happy to meet with you and/or your Councils or sub-committees to review the fair in its entirety. Trade shows/conferences On behalf of the Alliance, I will be attending the following trade shows/conferences: International Economic Development Council (IEDC) (TBD) National Association of Manufacturing (NAM) Industrial Asset Management Council (IAMC) Corporate Office & Real Estate Network (CoreNet) Scottsdale, AZ. Chicago, IL St. Louis, MO Atlanta, GA Sept. 16-19 Sept. 23 - 26 Oct. 7-10 Oct. 27-31 If you need any additional information or have any questions, please contact me on my cell at (951) 236.2036. Sincerely, Stevie Field Executive Director Copy: Robert Moran Gloria Wolnick Simone McFarland Kim Cousins Verne Lauritzen SOUTHWEST iftft{oPJttt4 LakeE_ Temecula. , County of Riverside "for business...for fami/y...for life" Sonthwest California Economic Alliance Board of Directors General Meeting Wednesday, Septemher 26, 2007 3:00 PM Lake Elsinore City Hall AGENDA 3:00p.m. I. Call to Order 3:03 p.m. II. Aprove Agenda Motion 3:04 p.m. III. Mintues Motion 3:07 p.m. IV. Financial Report Motion 3:15 p.rn. V. New Business a. CPA Motion b. GIS Second Carried Second Carried Second Carried Second Carried 3:30 p.m VI. Continuing Business a. By-Laws - Adopt temporary by-laws Motion Second Carried b. Job Fair update c. Brokers Breakfast d. MOU e. 501C6 4:00 p.rn. VII. Open Discussion a. Alliance Monthly update b. City/County update i. Lake Elsinore ii. Murrieta Hi. Temecula iv. County of Riverside 4:30 p.rn. VIII. Adjourn Motion Second Carried Next Partners Meeting: Wednesday, October 24, 2007@3:0Opm Location: TBD Meeting Facilitator: Stevie Fietd, Executive Director I Directors: I Stevie Field, Economic Alliance I Cathy Barrozo, City of Lake Elsinore I Aaron Adams, City of Temecula Gloria Wolnick, City ofTemecula Sherrie Jared, County of Riverside Sarah Mundy, County of Riverside I. Call to Order 5. New Business 2. Approve Agenda 6. Continuing Business 3. Minutes 7. Open Discussion 4. Financial Report 8. Adjournment 1. Meeting Called to Order at 3:12pm 2. Agenda - Motion to approve agenda by Cathy Barrozo, seconded by Sherrie Jared and carried unanimously. 3. Minutes - Motion to approve minutes by Cathy Barrozo, seconded by Sherrie Jared and carried unanimously. 4. Financial Report - Motion to approve [maneial report by Cathy Barrozo seconded by Gloria Wolnick and carried unanimously. Sarah Mundy wanted to know if we can ear mark funds so we can see mow much money future projects have already taken. 5. New Business - a. CPA - Verbally supplied quotes from 2 different CPA's and it was requested by Sherrie Jared that we obiain one more quote and put them all in writing so we can have a clearer idea of how much each quote is. Also check will all CPA's to see if they do 15 minute increments. 6. Continuing Business - a. By Laws - we need to add a 50 I C6 paragraph. b. Work Plan addition - Benchmark set that the Economic Alliance will bring in 3 companies over the next 5 years with 25 employees each. c. Job Fair update - Site is up and on 3-23-07 e-conuuerce will be up and employers can sign up and upload their logo. Partner's logo will be put in booth and they can upload job information. d. Soaring Dimensions update - August 31 Soaring Dimensions will be released. e. Sponsorships - 7. Open Discussion- a. Alliance Monthly update - b. City/County update i. Lake Elsinore - ii. Murrieta iii. Temecula iv. County of Riverside 8. Adjournment - At 4:42pm motion was make by Cathy Barrozo, seconded by Sarah Mnndy and carried nnanimonsly. 9. 10. 11. I . ITEM NO. 20 Approvals City Attorney .!~H/ Director of Finance " I City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 23, 2007 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of September, 2007. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report September I October 2007 Prepared By: Amer Attar Submitted by: William G. Hughes Date: October 23, 2007 PROJECTS UNDER CONSTRUCTION 1. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Temecula Education Center- Rough Grading This project will provide for the grading of the proposed T emecula Education Center. Project was awarded on 4/11/06. Construction started on 5/1/06. CCO#1 to relocate/modify all impacted utilities along Diaz Road adjacent to the project was approved by the RDA Board on 10/10/06 and Diaz Road was brought up to grade. All work was completed on March 28, 2007. Other ongoing work under this contract involves EMWD work outside of the project limit which was completed in late July. Ongoing issues will be preparing the property for the rainy season and project close out with EMWD, which will be resolved by the end of October. 3. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2 This project will construct the second phase of the City's Field Operation Center, which includes the building and the corporate yard. The project was awarded on July 25, 2006, a preconstruction meeting was held on 8-10-06 and the Notice to Proceed was issued effective 8-11-06. Misc. trades are completing their work and applying the final finishes - majority of work has been completed. The majority of staff designated to occupy the building have already done so. The Grand Opening is set for October 18th. 4. Fire Station - Wolf Creek Site A new 3-bay, 9,062 SF, heavy urban fire station will be built at the SE corner of Wolf Valley Rd & Wolf Creek Dr South. A $3,591,000 construction contract was awarded to RC Construction on 7/25/06. Fire moved into Station in 7/30/7. The Grand Opening took place on 9/15/7. Contractor has a couple of outstanding punch list items (i.e., flag pole lighting, O&M, As-Builts, landscape items, etc.). There is a meeting this week with contractor to discuss a potential claim. We are expecting final invoice & retention invoice. Once punch list items are complete, final acceptance of project will take place and NOC will be filed. 5. Diaz Road Realignment to Vincent Moraga Under this project, Diaz Road will be realigned starting just south of Rancho Way to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The traffic signal at existing Diaz Road and Rancho California Road will be removed. The Notice to Proceed was issued and construction began on 3/26/07. Contractor has completed Phase III of the project: construction of the median on the new Diaz Rd alignment, and the median island on Rancho California Road at old Diaz Rd. Work on Phase IV, which includes landscaping, median island, stamped concrete, and final paving, is currently underway. Project completion is scheduled for early- to mid-November. 6. Rancho California Road Widening, Old Town Front Street to 1-15 (Souths ide) This project will construct an additional eastbound lane to provide for a right turn lane to southbound 1-15, as well as modify the existing median to accommodate duallefl turn lanes from westbound Rancho California Road to southbound Old Town Front Street. The retaining wall is complete and landscaping of embankment is complete. Numerous issues and utility conflicts with the traffic signals, proposed curb elevations and the proposed storm drain across Front Street have come to light and stalled progress. We anticipate completing the work at the end of October. 7. Bridge Fencing Enhancement This portion of the project will provide Architectural Enhancements to the recently constructed fencing at the Overland Drive and Rancho California Road bridges over Interstate 15. Caltrans has issued an Encroachment Permit for the construction and maintenance of the project. The Notice to Proceed effective date is 8/17/07. Traffic Control Plan is pending approval. A material delay issue from the Contractor is being addressed. 8. Citywide Concrete Repairs, Phase II - FY 2006-07 This project will replace old and cracked concrete throughout the City. Two change orders were processed for the project. The project is complete. Project acceptance and the Notice of Completion will be going before the City Council at the 09/23/07 meeting. 9. 1-15 and 79 South Sign Replacement - Temecula Parkway Name Addition and Replacement of 79South Signs Within City Limits This project will add the newly adopted name of "Temecula Parkway" to the appropriate freeway signs and change all "79 South" signs within City Limits. All freeway signs have been installed. The Maintenance Division has installed all the street name signs. DBX has installed all the overhead illuminated signs with the exception of three signs that are on backorder. These signs will be installed within the next two weeks. The project will be complete upon the installation of these signs. 10. Murrieta Creek Multi Purpose Trail This project will build equestrian and bike trails along Murrieta Creek between Rancho California Road and Diaz Road. The project is funded in part by a $1 ,214,000 federal grant. Riverside County Flood Control has issued the Encroachment Permit. Rancho California Water District has just informed the City that we must use reclaimed water for irrigation. The City is working with the consultant to revise the irrigation plans. The Pre-Construction Meeting will be scheduled shortly so the trail work can be coordinated with Eastern Municipal Water District Force Main project underway in the same area. 2 PROJECTS BEING ADVERTISED FOR BIDS 1. Traffic Signal Installation - Rancho California Road at Business Park West Under this project, a traffic signal will be installed on Rancho California Road at Business Park West. The project was advertised for bids and bids are to be opened on 10/15/2007. To expedite the installation, staff has already ordered the poles and the control cabinets due to their long lead time. They will be furnished to the contractor during construction. PROJECTS IN DESIGN 1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The Environmental Document (Categorical Exclusion) was approved by FHWA on April 19, 2007. The PS&E Package & request for authorization was submitted to Caltrans on 7/2/07. However, Caltrans will not process the documents until a Right of Way Certification is approved. The Resolution of Necessity for the needed right of way is scheduled for the October 23rd City Council meeting. Right of way negotiations will continue with the property owners. Two of the three permission to enter agreements have been obtained from the property owners. The right of way certification (No.3) with a revised RFA will be submitted to Caltrans after the Resolution of Necessity is approved by Council. Once the City receives a letter of authorization for construction from Caltrans, the public bidding process can be initiated for construction; however, the project cannot be awarded until the third permission to enter is obtained or the City obtains ownership of the remaining property. 2. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation The project includes the construction of new wetlands as part of the Wolf Valley Creek Channel - Stage I Project. The mitigation area is located along the north bank of T emecula Creek and a new landscaping and irrigation system will be installed. Once the mitigation area is constructed, the City is required to complete a5-year maintenance and monitoring plan. RCFC & WCD stated that the proposed mitigation site is not within their maintenance area and they have no significant comments regarding the installation. The City will be sending the final comments to the consultant by the week of October 8. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project includes studying alignments, design and construction of an extension of Overland Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. The design is being coordinated with the planned Murrieta Creek improvements overseen by Riverside County Flood Control (RCFC) and the Army Corp of Engineers (ACOE). The design consultant's 60% plans have been routed to the appropriate City departments, RCFC & ACOE, and the local utility agencies for review and comment. Plan check comments were sent to the consultant during the month of January; however, the design is currently on hold until the City and Corps can agree on a channel cross section that will not require the City to re-design the bridge plans. The Consultant of the Corps will be performing a hydraulic run for Murrieta Creek Channel based on revisions provided by the Corps to verify that a 3' freeboard under the Murrieta Creek Bridge at Overland Drive is provided. 3 4. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Corps of Engineer's Murrieta Creek improvement project. SWE has revised their original design proposal for this project in light of these additional efforts required. City Council approval of a contract amendment for SWE was secured on 9/11/07; a "re-kickoff' meeting was held on October 2,2007. A follow-up design progress meeting with Riverside County Flood Control will be held on October 23, 2007 with the County acting as liaison for the Army Corps of Engineers. 5. Diaz Road Extension to Cherry Street This project is "On-hold'" as it is some what dependent on the final state of the Education Center property. 6. Santa Gertrudis Bicycle/ Trail Undercrossing at Margarita Road This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. Data regarding existing utilities are being incorporated into the design. RCFC has provided an Encroachment Permit. This project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06. Plans & Specs will be completed by next week and the project will be shelved until funding is identified and appropriated. 7. Western Bypass Corridor - Alignment Study This project will complete an alignment study for the Western Bypass Corridor. The City has completed its review of the design plans for the chosen alignment of the northern portion of the Western Bypass (from Cherry Street to just south of Rancho California Road. URS is working on the City's comments and should be resubmitting the final plans shortly. 8. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirement of RWQCB by desilting the channel & pond located near the Sports Park. City Council authorized the Professional Services Agreement with BonT erra Consulting on 11/14/06. BonT erra has initiated the environmental clearance process. An amendment to the consultant agreement was approved by City Council on 05/08/07 to provide additional studies required by the regulatory agencies. These studies will aide in determining any impact to native habitat. An RFP for the design was requested from the Annual Agreement consultants. Staff is processing the purchase order and will be scheduling a kick-off meeting. 9. Western Bypass Bridge Over Murrieta Creek This project involves the design and construction of a new bridge over Murrieta Creek at the westerly terminus of R-79S and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Entry permits for geological investigations are pending. The developer of the Villages of Old Town may be taking over the design and construction of this 4 project. The City and developer are negotiating an agreement for the transfer of work. Further development ofthe design and environmental document is on hold pending the outcome of negotiations. 10. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Community Center to accommodate more human services programs. The Escallier House and Barn will be moved onto the Community Center site. The remodeling of these buildings for the use of the Community Pantry is now being designed. The 60% drawings will be submitted by the end of October. 11. Redhawk Park Improvements, Four Sites This project will add amenities to four park sites in the recently annexed Redhawk area. RJM gave a presentation to a committee with members from City Council, residents and staff. This presentation included the information from past community work shops, which helped with conceptual design of the parks. Due to budgetary restraints, the construction was divided into phases over a number of years. RJM used the existing irrigation layout at the future dog park to help reduce the costs but at the same time allowed for a very flexible design that will be able to be adjusted as the oog park needs change in the future. RJM submitted a proposal to design a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. The City is currently reviewing the proposal. 12. Old Town Infrastructure Projects - Site Demolition and Site Preparation This project involves demolishing the existing non-historic structures on the City owned parcels at the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town Parking Structure. The demolition of the Musician Workshop was completed in September. The site was graded and erosion control BMP's have been installed. The Escallier House and Barn will still need to be relocated. 13. Old Town Infrastructure Projects - Underground Utility District This project will effectively underground all overhead utility lines along Old Town Front Street, between 2nd and 6'h streets, all of Main Street east of Murrieta Creek and Mercedes Street between 2nd and 6th streets. The City Council approved the resolution forming the underground utility district on October 10, 2006. SCE is finalizing their design of the U/G Utility District. Verizon and Time Warner are also working on their drawings to ultimately share Edison's trench. 90% street improvement plans have been forwarded to the utilities. City met with all affected utilities in September and they are all on board with the schedule. Currently, both Time Warner & Verizon will complete their drawings by the end of October. Edison and the City met to discuss how this project will be bid (due to the 2 parts - Rule 20A and 20B). Construction is anticipated in February 2008. 14. Old Town Infrastructure Projects - Street Improvements, Mercedes St (2nd - 6th) & the Realignment of Main St. This project will improve Mercedes Street and realign Main Street as part of phase 1 of the Old Town Civic Center project. Street plans are 95% complete. This bid package will be merged with the Town Square plans to maintain 1 contractor as a single source of responsibility. The plan set will include street, storm drain, water/sewer, grading, signage/striping as well as Town Square items. 5 The project is set to go outto bid by the end of year. Plans are expected to be completed in October and out to bid in November/December. Construction is anticipated to start in January. 15. Old Town Infrastructure Projects - Parking Structure & Office/Retail frontage This project will construct a parking structure, including office and retail frontage as part of phase 1 of Old Town Civic Center project. Design Architect, NMR submitted Design Development (DD) drawings for the Parking Structure (PS) on 9/5/7. The WQMP exhibit was also submitted. Northerly Retail/Office space of the PS will house Police & Code Enforcement. Basement parking will be secured parking for City. 16. Old Town Infrastructure Projects - Town Square Under this project, the plaza area for Phase 1 of the Civic Center will be constructed. NMR and their landscape architect, SWA, have submitted the Design Development (DD) package. SWA is working on completing their plans to merge them into our street improvement plan bid package. Items modified include: adding outlets for future use at tree locations, step walls, redefining landscape areas, bollards, etc. Their package is anticipated to be submitted on 10/23/7. 17. Old Town Civic Center Phase 2 Under this project the design and construction documents for phase two of the Civic Center Project will be developed. Design consultant NMR continues the schematic design process. NMR is finalizing the departmental space allocations and adjacency requirements and will be forwarding results in the next few weeks. Departmental floor plans will follow. 18. 79 South Park & Ride This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The design engineer, ME, has submitted a preliminary. site plan that is currently under review. This project will be completed in 2 phases. Phase 1 is scheduled for construction in 2008 and Phase 2 is scheduled for 2010. 19. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This federally funded project includes rehabilitating De Portola Road from Jedediah Smith Road to Margarita Road. This is a federally funded project. The PES form was resubmitted withe NES(MI) Report. It is being reviewed by Caltrans. The Consultant will be submitting 70% plans for review shortly. 20. 79 South to Pechanga Parkway - Dual Right Turn Lanes This project includes the design and construction of two right turn lanes on eastbound Temecula Parkway (formerly State Route 79 South) to southbound Pechanga Parkway. The design includes the widening of Temecula Parkway and relocation of traffic signal poles/controller. 90% design plans have been reviewed and will be return to the consultant by the week of October 8. 21. Santiago Detention Basin This project includes the design of a 1 acre desilting basin. The proposed basin is located on the south side of Santiago Road between Vallejo Avenue and Orsmby Road. The final design agreement with Kimley Horn was approved by council on August 14. The consultant has begun work on the final design plans; however, the first submittal will be delayed until the geotechnical work is 6 complete. Petra will be performing the geotechnical \/york for the project. This work cannot begin until the property owner has signed the permission to enter agreement. 22. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Geotechnical and survey work have been completed. Consultant has submitted the 30% design package to the City for review. Comments were forwarded back to them. City has submitted the PES, NES (MI) and ISA package to Caltrans for review. 23. Winchester Road/79-North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limit. The consultant has submitted the 30% design package to the City for review. Comments were forwarded to the consultant. Comments from Caltrans in regards to the first submittal of PES, NES(MI) and ISA forms were addressed and forwarded back to them. 24. French Valley Parkway Phase 1 - Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek atthe Winchester Southbound Off-ramp A southbound of-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and Caltrans have agreed that immediate action is required to relieve congestion at the Winchester Road southbound off-ramp. Status is as follows: ~ PS&E - Consultant is preparing 95% plans (retaining walls and landscape/irrigation). ~ R/W - Establishing dedication and acquisition needs. ~ Construction Cooperative Agreement - Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. ~ Maintenance Agreement - City preparing exhibit for first draft. ~ Declaration of Units - Caltrans Approved Metric Exception for this phase. ~ Utilities - Preparing documents to initiate potholing. ~ Conceptual Landscape/Aesthetics - Preparing concept for review. 25. Old Town Gymnasium This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. The Boys and Girls Club site is too small for the proposed Gymnasium. Staff is currently working on the procurement of additional property to accommodate the project scope. 26. Re-Stripe Route 79 South to 8 lanes from 1-15 to Pechanga Parkway This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79 South) from 1-15 to Pechanga Parkway. The Traffic Division is in the process of hiring a consultant to prepare the re-striping plans. Construction will be coordinated with the Pechanga Parkway Dual Right Turn Lanes from Temecula Parkway project. 7 27. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 28. Long Canyon Detention Basin - Access Road This project will construct an access road to the Long Canyon Detention Basin. Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. 29. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 200' ped/bike bridge over Santa Gertrud is Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Coordination between the City and Rancho California Water District to acquire a portion of an RCWD-owned parcel needed to construct the bridge continues. The proposal received from consultant Nolte Associates for design of the bridge and approaches, as well as for required environmental studies, has been reviewed by staff, and is on the City Council agenda for acceptance on 10/23/07. PROJECTS IN THE PLANNING STAGE 11. 1-15/ SR 79 South Interchange - Project Report (PR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. City continued development of design geometrics and environmental technical studies. Status is as follows: >- Draft Project Report - 7th Submittal under Caltrans review. >- Advisory Design Exceptions - Approved 10/18/06. >- Mandatory Design Exceptions - Approved 10/20/06. )> Stormwater Data Report - 4th submittal is to coincide with final PR Submittal. )> Traffic Study - Approved 09/11/06. >- Modified Access Report - FHWA Determination of Acceptability was approved in July 2007. >- Geometric Approval Drawings - Under development. )> Initial Study Assessment ~ Approved September 2005. >- Acoustic Evaluation - Approved December 2005. >- Air Quality Assessment - Approved PM10 Nov 2005 and PM2.5 Ju12006. >- Nat Environmental Study - Approved May 2006. >- Cultural Studies - Approved November 2006. >- Environmental Document - Preparing 5th submittal for Caltrans review. )> FHWA Air Conformity - Preparing 1 st submittal for Caltrans review. 8 12. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The project is moving through the Caltrans process. Current status is as follows: ~ Draft Project Report - Approved June 2006. ~ Project Report - Final preparation pending approval of Environmental Document. ~ Draft Environmental Document - Under.review by Caltrans District 8. ~ New Connection Report - Preparing revisions per FHWA ~ Traffic Operations Analysis - Under review by Caltrans District 8. ~ Stormwater Data Report - Preparing final report. ~ Mandatory Design Exceptions - Approved 07/18/06. ~ Advisory Design Exceptions - Approved 07/18/06. ~ Exception to Ramp Metering Policy - Approved 07/05/06. ~ Geometric Approval Drawings - Approved 07/18/06. ~ Freeway Agreements - Under Caltrans-HQ review. ~ Risk Management Plan - Updating as necessary. ~ Project Charter - 1 st draft is under Caltrans review. ~ Declaration of Units - Request for Metric Exception denied by Caltrans. ~ Freeway Agmts - Under Caltrans-HQ review. ~ Risk Mgmt Plan - Updating as necessary. ~ Project Charter - 1 st draft is under Caltrans review. ~ Maintenance Agmt - Preparing 1 st submittal for Caltrans review. ~ Financial Plan - Preparing 2nd submittal for Caltrans review. 9 "'... o lL.O O!::! .... .... .... 2; w.... <.'l <( a. 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'" :0 f- ~ .g ,.. ~ ~ u " u C W :;; " '" ~ a .g o 10 o " 0> C .~ " .~ '5 o o 1l e 0. E ~ z ~ z :;; ~ '" o .!!! "3 .., ::; :g ::; {) .c " o _z Co> "'" E " 1l"3 CO "'Il: -E2 WSts C en " gi"e "'00. "Il:C 8....... .9 0"- C - '" eID~ 1--'=;0 ,g~ ~~~ o ~ .2 ~ ~ z ~ z :;; ~ '" o .!!! "3 .., o C " E '!! e 0. .E Q; !!!u Ci5~ - C - ~ :llu. '" 0 a:~ ,.,3 ","6. l'f :;;"" o.u '" C 0>'" C--' "''' J:: = ".0 " ~ 0.0. '" ~ ... ;1: 0. ~ z ~ z :;; ~ '" o .!!! "3 .., ~ ~- a. " .. ~ ;:.c o.!!:. d> C 's E e '" ~ .g tl " 'e- o. 0. (3 u " Q; Ci E o " u C '" C !!! 5 " '5 3 " 's !!! '5 o o 1l e 0. " ~ C ~ o {) ~ z ~ z :;; ~ '" o .!!! "3 .., o ~ u:: 13 " 'e- o. 0. (3 o ~ .2 ~ u C '" j '" 0> .~ m "5 E ~ z ~ Z :;; ~ '" o .!!! "3 .., o ~ u:: c '" <'5 o ~ .2 ~ ..... .22 C J2 C Q) ~ 0 E If) 1:5 Q) ~8 ~ ~ ~.~ '* .9..: f!?~ c.. ro...... :::::J ..... .l.. :; ~ .o.!1 ~ ~ c: E.!: '0 (] ~ 'a; E .0 ..... c: '-"0 Q) lB:::::J '5 .e ..c: '- (/) co I- as g;: -g Q)m ((IQ) -0 -5~ m'~ c: ..... Q) 0. '- W ((I ..c: ~Q) E ..c:..... 0.-0 m ..... ((I ,-:::::J -0 0 OJ J2 U c: If) 0 If).!: m iij~ ~~ ~ ~~ '2'C{ ~ 23-0 c....: . 0. Q) a; Q: ~ g ~ ~ u: ~~~.~ ~'ci o~U:.o B!l OJ If) '- >. '- c: .S J:!:!.e (i) . ~ E 'g ~.23 :::::J--O '- W ,a'cog2.3c.. 2-5o..!:~2E J9'O~~g.~~ (fJ ~ ~ O-o~::; -g :; ~.!{l ffi E:; ((I g ~ ~-o Q)'~ (ij'-0.~~:2((1 :v~-g g.!!.!,S([ ~ 8 ((I If) >.!1 (ij u. ,-.23 5 ~ 'O:v '5J2g~g.!!!.lB ;: ID'e~'a; eC9 .!!.! .!:! 0. '13 .0 ll. w > 0 ll. Q) 0 If)..c: & .~ (} ~"* ~ ~ ~ Z ~ Z ~ Z ~ Z ~ Z 0> C '0 0> C o ~ Z ~ Z :;; ~ '" o .!!! "3 .., II :u C' E i!! <(Cl :;; ~ '" o .!!? "3 .., ~ " ~ '" c .!!! "3 .., OJ o " o '" " a; Il: u C o '" c ~ o 15 <( C .9 m " o 0. ,... o a C a ~ '" f- a; " 0> -g. :g .- If) C ~ -g LlJ Q~ ~ <0 <( '" a f- ~ ~OO 0 .g o C .9 m " '" .0 " 0. en C " " 0; E - " o Ci ro E E c .g " " E 0; " " ill N C :a 0 '-(/):O:- "'13 '" 'gw:; ((1'0' ~ U5 5. (] C '" a: o ~ .2 ~ c '" f- o ~ .2 ~ ~ '0 o " .~ 'O.~ >,,- 0'2' ~ - 0.- ~Q)ro .9-5 Q) :g,S5 cuu 8~o ~~~ " 0 '" D? ffi ;: ~.b~ ..c:C:~ ~~ch ;:.0 '0 u_" ~ ~'2' m~o. EwC o > 1l o~ ~ 130- ~5~ c:o:- 0 8:g~ ~8,* "'-" E'S 5 EO? Q) .g~~ ~ ~.~ 'C ~ ~ 0. _ '" ~ '0 c.. :cw~ o E ~ Q) 0 O? . > (fJ If) c: 'a; . <(.~ 0(1) . (/) ~ ~ ~'j; ~'5'-.o o aE~ ~ z ~ z II G; t! E ~ <(j <( ~ .g o C g '5 C o {) '3 '" .:i' 13 " '" " Il: B 0 0~ ~'e- 0.0. 21: i'l1l 0." :Oil: I~ 0 .g:E 'ffi-g > ~ '" " .!11: C" 00> ;;;;; c: '" .- E~ J2~ C '" - 0 " 00 :::i5 co. .9 (/) 13!!! ~-g 3l'" c~ ",- "''' ~.c 0- C C o 0 {)u ~ " ~ " o '" ~Ci J2 w . u.o-g " 0 > ~i'~ 5,g ~ ~ c: ~ 30'" ~~ ~ ",0.c .0.6-;; ~~~ U0" ~~~ llu E :t~8 ~5:S ~ z ~ z 0> C '0 0> C o 0> C '0 0> C o ~. ~. ~. ~. ~. ~. 0> 0> I!! al ~ ~ '" --' C o 'ij " a; en C 2 "5 o C o U ,.. o o ;; .. ~ o ;:: ~ en 0. 5: TO: MEMORANDUM Bill Hughes, Director of Public Works/City Engineer FROM: 1l.,J; Brad Buron, Maintenance Superintendent DATE: SUBJECT: October 11, 2007 Monthly Activity Report - September, 2007 The following activities were performed by Public Works Department, Street Maintenance Division in-house persOlmel for the month of September, 2007: I. SIGNS A. Total signs replaced 62 B. Total signs installed 13 C. Total signs repaired 30 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 8 ill. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons 3.460 46.5 A. IV. CATCH BASINS 200 Total catch basins cleaned A. V. RIGHT-OF-WAY WEED ABATEMENT o Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. B. Total locations 27 3.263 Total S.F. VII. STENCILING A. 158 New and repainted legends B. 9.023 L.F. of new and repainted red curb and striping R:\MAINTAIN\MOACTRPT Also, City Maintenance staff responded to ..2L service order requests ranging from weed abatement, tree trinnning, sign repair, A.C. failures, litter removal, and catch basin c1eanings. This is compared to~ service order requests for the month of ~!.'."ust, 2007. The Maintenance Crew has also put in 137 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of Seotember. 2007 was $38.310.00 compared to $18.280.00 for the month of Ammst. 2007. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 32,665.00 $ 5,645.00 $ -0- cc: Dan York, Deputy Director of Public Works / City Engineer Greg Butler, Deputy Director of Public Works AIi Moghadam, Principal Engineer (Traffic) Amer Attar, Principal Engineer (Capital hnprovements) Jerry Alegria, Senior Engineer (Land Development) R:\MAINTAIN\MOACTRPT 0 '" ~g 00 g 00 g $~ <t)('.l.OcO 0 '" t-en ~ \rl .U1 t- ~ C"lMCO~ t- O ~~ jl\ ~ '" "'~ t- <10 0 ~ ~ -0 c<5 ~ ~ '.~ g "'0 rg ~O_ '" 0 ~ c<5 0 cf; ~ ;6 <It ~ ~ <It <It ~ ~ z l- <It .... ~ :ct, " q Cl ~ <( " i UI ? ,; :>- 0- q ...~ Ii< ~ '" ~ ~ ",'" ~ 1/1 0 "'~ 0 0 0 0 0 0 0 ~ g ~ ~ 0 <10 0 '" t- ~ ~ '" t t- ~ <10 ~ t- o 'liS jl\ ...! ~ 0 0 0 '" '" ~ t- <10 ~ '" ~ ,< 0 ~ ~ -0 c<5 ~ ~ '" to 0 "'0 'Z '" <10 ~ o~ <g <D c<5 '" 'I-" 0 en ~ '" <It ~ ~ -0 '~ <It <It ~ Ii ~ ;,;..... a <It ~ <010 H '.:t '" +" t E ~ 1/1 p"- ~~ ,.or E- <c: 'UI ,Ill ,,:! .1lJ ..0 .Ill \0 .~ ,UI 'Ill .~ ;~ '.~ ffi 'Ill. 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Z .... ,:..: Cl u ::e w ::l w u. ::l W :;; ::l 0 W .J II) a :;; 0 Cl W .J iE .J W Cl W W W oll u. .... 0:: .J .... 0- 0:: Z Cl C Z II) < < 0 m ;:: w w Z 0:: U m 0:: < w U w z U .J < W W en < II) ::l Z ~ :3 .J I 0:: Cl 0:: C 0 u ::::i ;5 0 .... 0:: ::l w ~i < ~ 0- Il) W 0 0 w .... .J Cl W W ;:: Cl w ;;: II) 0:: ~ en w I .J ~ Z < U < n: ::l en en u: z ::l ~ 0:: 3i I 0 u. 0 w ;5 0- W iE I Z Z < ~ I .... e ~ c .... ;!i: 52 Cl 0:: ;!i: w u. 0, iii II) II) iii Cl c en < Ili .... STREETNUUNTENANCECONTRACTORS The following contractors have performed the following projects for the month of September, 2007 DATE ACCOUNT STREET/CHANNELIBRIDGE DESCRIPTION OF WORK TOTAL COST STZR Date: 09/07 CITYWIDE I TRASH, DEBRIS & WEED ABATEMENT ALONG CITY ROW'S TOTAL COST I $10,000.00 # 5402 Date: # I TOTAL COST Date: # I TOTAL COST Date: # Date: 09/27/07 CITYWIDE PLACEMENT OF SANDBAGS FOR EROSION CONTROL # 5402 TOTAL COST $22,665.00 Date: 09/21/07 S/E CORNER OF SANTIAGO & YNEZ CONSTRUCT RETENTION POND FOR UPCOMING RAINL Y SEASON I TOTAL COST $ 5,645.00 #5401 I Date: # TOTAL COST Date: # TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 TOTAL COST $ 5,645.00 $32,665.00 -0- R\MAINTAIN\MOACfRPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSION ASPHALT (pOTHOLES) REPAIRS MONTH OF SEPTEMBER, 2007 09/04/07 MARGARITA AT VERDES LANE R&R A.C. 90 3.5 09/05/07 VALLE VERDE / PECHANGA A.C. OVERLAY I 692 I 3 09/10/07 MARGARITA AT Pro PICO R&R A.C. I 576 I 12 09/13/07 I MARGARITA AT PIa PICa I A.C. CAP I 684 I 5 09/19/07 I VIA LA VIDA IR&RA.C. I 128 I 3 09/24/07 I MARGARITA AT PIa PICa I R&R A.C. I 196 I 6 09/25/07 MARGARITA N/O pro PICa R&R A.C. I 162 I 4 09/26/07 PECHANGA PARKWAY A.C. OVERLAYS I 740 I 4 09/27/07 I REDHAWKPARKWAY I R&R A.C. I 192 I 6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I TOTAL S.F. OF REPAIRS 3.460 TOTAL TONS 46.5 R:\MAINTAINIWKCMPLTD\ASPHALT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF SEPTEMBER, 2007 09/04/07 CITYWIDE CLEANED & CHECKED 21 CATCH BASINS 09/10/07 CITYWIDE CLEANED & CHECKED 13 CATCH BASINS 09/11/07 AREA #1 CLEANED & CHECKED 44 CATCH BASINS 09/12/07 I AREA #1 CLEANED & CHECKED 42 CATCH BASINS 09/17/07 I CITYWIDE I CLEANED & CHECKED 10 CATCH BASINS 09/24/07 I CITYWIDE I CLEANED & CHECKED 20 CATCH BASINS 09/25/07 I AREA #2 I CLEANED & CHECKED 8 CATCH BASINS 09/26/07 I AREA #2 I CLEANED & CHECKED 22 CATCH BASINS 09/27/07 I CITYWIDE I CLEANED & CHECKED 20 CATCH BASINS I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ,- TOTAL CATCH BASINS CLEANED & CHECKED 200 R:\MAINTAIN\WKCMPLETD\CATCHBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAJ<1'lH REMOVAL MONTH OF SEPTEMBER, 2007 09/04/07 SIB 1-15 FWY AT OVERLAND REMOVED 32 S.F. OF GRAFFITI 09/04/07 REDHA WK BRIDGE REMOVED 4 S.F. OF GRAFFITI 09/04/07 CAMINO RUBANO REMOVED 15 S.F. OF GRAFFITI 09/04/07 BUTTERFIELD STAGE BRIDGE REMOVED 25 S.F. OF GRAFFITI II 09/04/07 RANCHO VISTA CHANNEL REMOVED 695 S.F. OF GRAFFITI 09/04/07 29575 MIRA LOMA REMOVED 6 S.F. OF GRAFFITI 09/04/07 MARGARITA AT CIMA DEL SOL REMOVED 5 S.F. OF GRAFFITI 1 09/07/07 SIB 1-15 AT RANCHO CALIFORNIA ROAD REMOVED 25 S.F. OF GRAFFITI 09/1 0/07 TOWER PLAZA REMOVED 6 S.F. OF GRAFFITI 09/10/07 WINCHESTER BRIDGE AT SANTA GERTRUDIS REMOVED 384 S.F. OF GRAFFITI 09/10/07 1-15 SIB AT WINCHESTER BRIDGE REMOVED 203 S.F. OF GRAFFITI i 09/11/07 DULCE AT LOMA LINDA REMOVED 60 S.F. OF GRAFFITI ~ 09/11/07 MARGARITA AT SOLANA WAY REMOVED 10 S.F. OF GRAFFITI ~ 09/12/07 MARGARITA AT MORAGA REMOVED 10 S.F. OF GRAFFITI 09/16/07 1-15 SIB OVERLAND BRIDGE TO RANCHO CALIFORNIA RD. REMOVED 270 S.F. OF GRAFFITI 09117/07 WOLF CREEK / PECHANGA PARKWAY . REMOVED 75 S.F. OF GRAFFITI ~ 09117/07 REDHAWKPARKWAY AT OVERLAND CHANNEL REMOVED 48 S.F. OF GRAFFITI ~ 09/17/07 WINCHESTER BRIDGE REMOVED 370 S.F. OF GRAFFITI ~ 09117/07 PECHANGA BRIDGE . REMOVED 87 S.F. OF GRAFFITI ! 09/18/07 PECHANGA AT MUIRFIELD CHANNEL REMOVED 35 S.F. OF GRAFFITI 09/24/07 1 ST STREET BRIDGE REMOVED 290 S.F. OF GRAFFITI 09/24/07 REDHA WK PARKWAY BRIDGE REMOVED 50 S.F. OF GRAFFITI 09/24/07 MARGARITA BRIDGE AT SANTA GERTRUDIS REMOVED 357 S.F. OF GRAFFITI R.:\MAINTAIN\WKCMPLTD\GRAFFlTI\ 09/26107 WINCHESTER ROAD NIB I-IS RAMP REMOVED I 51 S.F. OF GRAFFITI I 09/26/07 / VIA DEL CORONADO AT LOMA LINDA REMOVED I 62 S.F. OF GRAFFITI I 09/26/07 /42015 COSMIC DRIVE REMOVED I 80 S.F. OF GRAFFITI i 09/28/07 I MARGARITA N/O WINCHESTER REMOVED I 8 S.F. OF GRAFFITI I I I I II 'I I I I I I I I I 'I I I I I I I I I I I I 'I I I i , I I J , I I j 'I I I I , I I , I I I 'I I I I I I I I I I I I, I I I I I I I I I I I I I I .1 I .L___-_-_-_- TOTAL S.F. GRAFFITI REMOVED 3.263 TOTAL LOCATIONS 27 J R:\MAINTAIN\WKCMPLTD\GRAFFITI\ .1 rJ'l ~ o~ <~~ ~UO ~~~ us~ ~~~ ~~~ ~~~ ~os ~~~ oz~ ~ ~ rlol ~~'-o/ ~~t'-- U~Q <~ ~ ~ ~ iii " 1 cccccccccccccccccccccccccc cccccccccccccccccccccccccc CCCCCCCCCCCCCCCCCCCCCCCCCC ~~~~M~~~~M~~~~M~~~~M~~~~M~ ~~~~~~MMMMMNNNNN~~~~~ .,., '" o 00 00 .... ~ U ~ E-< o E-<, *-< 5:) ~ ~."" t> ~ $ "S ~ ~ ~"'::~;'~'~ ..Q:i!::i:~"'~ ~ '~:::i~m~ ~ ::E <: ::E ..:; ..:; <:_'" 0 Z CI ~ ... 0 ,0\ ~ 0\ - b- et) 00 ""'" \0, ov. :-::t. '" r-- '" '" <=> M 0\' ~ 0\ '" M 0\ '" 1:':':'"' .00"' *t"' - 00" K":' 00 00 m"' - ,~ ,10< !l ~ " ~ 1 - j !l 11 11 2 00 .;,.0 .;2 ! " ". II ~ "€ ~, " ..Q ~, ~' :> " m ~ ~ ~ " ::E ::E ~ 0 0. ~ -'"-.- ~ (/J - ) <> w .. c :; ~ i z I- 0 0 l- I Q. W " en l.!l ~ ::; l- Ll. ::l a .., w U) z + ::l .., ~ ::;; ..J it: Q. <( II:: <( ::;; In w "- ~ .., .. = r:-- ,: g d,)'4)N ;:,~~ ... ~... II,sQ .8 I'" E-< Q ,{;\:> 1J <S 0 E-< "4Ml. Q o I";, '" ......- ~8 II CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF SEPTEMBER, 2007 I I 09/06/07 CITYWIDE I TRIMMED 8 R.O.W. TREES I I I I II II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I: I I I I I I I I I I I I II I I I I I I I I I I I I I I I I I I I Ii I I I 'I I I TOTAL R.O.W. TREES TRIMMED -.!! R:\MAINTAIN\WRKCOMPLTD\TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF SEPTEMBER, 2007 09/04/07 140476 CALLE FIESTA I TREE DOWN 09/04/07 09/04/07 1 LONG CANYON WASH I DEBRIS 09/04/07 09/05/07 I 44703 CALLE BANUELOS I PAINT IN GUTTER 09/05/07 09/05/07 I 30301 CHURCHILL I TREE TRIMMING 09/05/07 09/06/07 1 41591 EAGLE POINT WAY I STANDING WATER 09/06/07 09/06/07 131011 CORTEANACAPA I TREE REMOVAL 09/06/07 09/07/07 I CALLE CABALLOS I S.N.S. MISING 09/07/07 09/07/07 I E. LOMA LINDA I DEBRIS 09/07/07 09/07/07 I BUSINESS PARK DRIVE I SIGNREPAIR 09/07/07 09/10/07 I MARGARITA I DEBRIS 09/10/07 09/1 0/07 I 39349 SPRINGTIME DRIVE I S.N.S. MISSING 09/10/07 09/1 0/07 1 31195 SAHO COURT I OIL IN STREET 09/10/07 09/1 0/07 1 REDHAWKPARKWAY I POTHOLE 09/10/07 09/11/07 I WOLF STORE ROAD I PLATES NOT RAMPED 09/11/07 09/11/07 I 30661 A VENIDA BUENA SURETE I A.C. REPAIR 09/11/07 09/12/07 I LOW FLOW DEBRIS 09/12/07 09/14/07 I MORAGA DEBRIS 09/14/07 09/14/07 1 CALLE SANTA ANA I TREE REMOVAL 09/14/07 09/14/07 I PASEO GOLETA TREE REMOVAL 09/14/07 09/14/07 1 44685 CAMINO GONZALES TREE REMOVAL 09/14/07 09/15/07 1 41915 KAFFIRBOOM COURT TREE TRIMMING 09/15/07 09/17/07 I 41543 A VENIDA DE LA REINA TREE TRIMMING 09/17/07 09/20/07 I MARGARITA I NOISE 09/20/07 09/21/07 I MARY GRAHAM I TREE TRIMMING 09/21/07 09/21/07 I 32192 CALLE RESACA I TREE LIMB DOWN 09/21/07 j R:\MAINTAIN\WRK.COMPLTD\SORS\ 09/24/07 I VIA DOS PICOS I OIL SPILL I 09/24/07 09/24/07 I VAIL RANCH PARKWAY I P.C.C. REPAIR I 09/24/07 09/25/07 I PECHANGAPARKWAY I POTHOLES I 09/25/07 09/25/07 I PECHANGAPARKWAY I POTHOLES I 09/25/07 09/25/07 I SOLANA WAY I SIGN DOWN I 09/25/07 09/25/07 I 39819 WJ'T T <H "Y COURT I DRAIN CLEANING I 09/25/07 09/26/07 144005 NORTHGATE I ROOT PRUNING I 09/26/07 09/27/07 I 45546 CLUBHOUSE I TREE LIMB DOWN I 09/27/07 I I I I I I I I I I I I I I I I I I I I I I TOTAL SERVICE ORDER REQUESTS ~ R:\MAINTAIN\WRKCOMPLTD\SORS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF SEPTEMBER, 2007 I 09/04/07 YNEZ AT PROMENADE I i' 09/05/07 HWY 79 SO. I 09/06/07 CITYWIDE I 09/10/071 TEMECULAPARKWAY I 09/11/071 WOLFCREEKD~-- II 09/12/071 TEMECULAPARKWAY I 09/13/071 TEMECULAPARKWAY I 09/13/07/ TEMECULAPARKWAY I 09/14/071 TEMECULAPARKWAY 1/ 09/18/071 TEMECULAPARKWAY I 09/20/07 1 CITYWIDE 109/20/07/ TEMECULAPARKWAY II 09/21/07 1 WINCHESTER AT WINCHESTER rTHH'" I 09/21/07 1 CITYWIDE I 1 I 1 II I 1 1 I 1 I 1 ,I IL REPAIRED R4-7 REOKACED 3 R-26 I REPLACED 2, REPAIRED 6 ---1 REPLACED 9 S.N.S. REPAIRED 3 I INSTALLED 113 SCHOOL SIGNS REPLACED I 6 S.N.S. REPLACED 112 S.N.S. REPLACED I 6 R-26 REPLACED I 6 SNS, REPAIRED 4 I REPLACED I 6 R26SA REPLACED 1 6 R26SA REPLACED 114 R-26SA REPLACED I R-7,KMARKER I REPAIRED /6 SIGNS I I I 1 I I I I I / I I I I I 'I I I I I TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED -M ----ll ---1!! R\MAINTAIN\WKCMPLTD\SIGNS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF SEPTEMBER ,2007 I 09/04/07 AREA #2 I 09/05/07 AREA #2 I 09/06/07 AREA #2 I 09/10/07 AREA #3 I 09/11/07 WOLF CREEK DRNE I 09/12/07 AREA #3 I 09/13/07 AREAS #3 & #4 I 09/14/07 RIDGE PARK DRlVE I 09/17/07 AREAS #3 & #4 I 09/24/07 MAJOR ARTERIALS I 09/25/07 MAJOR ARTERIALS I 09/26/07 MAJOR ARTERIALS I 09/27/07 MAJOR ARTERIALS I I " .1 I I I 'I i i , " TOTAL NEW & REPAINTED LEGENDS NEW & REPAINTED RED CURB & STRIPING L.F. 158 9.023 I 'I I ij R:\MAINTAIN\WRKCOMPLTD\STRIPING ITEM NO. 21 Approvals City Attorney M.(o.f/ Director of Finance .. / City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: October 10, 2007 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of September 2007. PATROL SERVICES Overall calls for police service ................................................................................................. 7,182 "Priority One" calls for service....................................................................................................... 44 Average response time for "Priority One" calls.............................................................3.32 Minutes VOLUNTEERS Volunteer administration hours................................................................................................... 350 Community Action Patrol (CAP) hours ....................................................................................... 319 Reserve officer hours (patrol) ......................................................................................................... 0 Total Volunteer hours.................................................................................................................. 858 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted........................................................................................ 4 Residential/business security surveys conducted ................................................................... 02-10 Businesses visited...................................................................................................................... .. 11 Businesses visited for past crime follow-up.................................................................................... 6 Crime prevention articles................................................................................................................ 1 Total square footage of graffiti removed................................................................................... 3263 Number of Graffiti Locations... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...45 OLD TOWN STOREFRONT Total customers served............................................................................................................... 265 Sets of fingerprints taken.............................................................................................................. 47 Police reports filed........................................................................................................................ 21 Citations signed off ....................................................................................................................... 15 Total recei pts.. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... $4,698 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests .................................................................................................................... 4 On sight misdemeanor arrests........................................................................................................6 Felony arrest warrants served ...................................................................................................... 16 Misdemeanor arrest warrants served .............................................................................................3 Follow-up investigations................................................................................................................. 6 Drugs Seized: 2.1 grams Concentrated Cannabis - Methamphetamine -2.9 grams Marijuana 0.9 Hash TRAFFIC Citations issued for hazardous violations ................................................................................... 660 D.U.I. checkpoints conducted......................................................................................................... 0 Non-hazardous citations............................................................................................................. 435 Stop Light Abuse Program (SLAP.) citations........................................................................... 161 Neighborhood Enforcement Team (N.E.T.) citations ................................................................... 16 Parking citations.. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ...... 353 Injury collisions.............................................................................................................................. 21 Presentations............................................................................................................ .0 INVESTIGA TIONS Beginning Case load .................................................................................................................... 242 Total Cases Assigned .................................................................................................................. 72 Total Cases Closed ................................................................................. .121 Number of community seminars conducted ................................................................................... 0 Presentations............................................................................................................ .0 PROMENADE MALL TEAM Calls for service........................................................................................................................... 234 Felony arrest/filings....................................................................................................................... 16 Misdemeanor arrest/filings............................................................................................................ 22 Vehicle burglaries........................................................................................................................... 1 Vehicle thefts. ... ... ... ... ... ... ... ... ... ... ..... .... ... ... ... ... ... ... ... ... ... ..... ... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ..... ... ..... 1 Prevention/Suppression Programs................................................................................................. 0 SCHOOL RESOURCE OFFICERS Felony arrests................................................................................................................................. 1 Misdemeanor arrests ...................................................................................................................... 2 Citations..................................................................................................................... ................... 45 Youth counseled......................................................................................................................... 265 Presentations........................................................................................................... .35 Drug Alcohol Awareness Grades 9-11 Internet Safety Gangs Juvenile Law Laws on Campus YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members .......................................................................... 5 School visits.................................................................................................................................. 64 Home visits........................................................................................................................ ............ 26 Presentations............................................................................................................ .6 Truancy Sweep............................................................................................................1 ITEM NO. 22 Approvals City Attorney .~I.~.{' Director of Finance .. I City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: October 23, 2007 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of September 2007. CURRENT PLANNING ACTIVITIES New Cases The Division received 65 new applications for administrative, other minor cases, and home occupations including 2 applications for public hearings during the month of September. The new public hearing cases are as follows: CONDITIONAL USE PERMIT EXTENSION OF TIME 1 1 Special Projects & LonQ RanQe PlanninQ Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: . Temecula Regional Hospital - The Riverside County Superior Court overturned the City Council's approval of the Temecula Regional Hospital project and staff is working with applicant and the City Attorney's office to prepare a Supplemental Environmental Impact Report to address issues related to noise, traffic mitigation and an off-site contaminated groundwater plume. Each Planning Application that was originally approved will need to go through the approval process again, including Planning Commission and City Council public hearings. Staff has processed three contracts with sub-consultants to manage the special studies required forthe Supplemental EIR. Planning Applications were submitted on July3, 2007. A Notice of Preparation of a Supplemental Environmental Impact Report was sent to the State on July 6, 2007. The Supplemental EIR is scheduled to be released for public review on October 1, 2007 and the project is tentatively scheduled for a Planning Commission hearing on January 2,2008 and a City Council hearing on January 22, 2008. (PAPP) . General Plan Land Use Map Update - Planning staff and GIS have completed revision exhibits that explain the necessary changes to the Land Use Map caused by overlapping data sets, differences in conceptual plans versus recorded maps, and changes in the built environment. Some examples of changes include streets currently shown as residential will have no land use designation, Specific Plan areas will be modified to reflect recorded maps, and new park and school sites will be noted as Open Space and Public Institutional Facilities. All property owners affected by the proposed map changes will be notified bymail prior to any hearing. A Planning Commission hearing was held on August 15, 2007 with an anticipated City Council hearing in November 2007. (PAPP) . General Plan Housing Element Update - Staff has been attending WRCOG workshops on the Regional Housing Needs Assessment in preparation for the update of the City's Housing Element. SCAG released the Final Regional Housing Needs Assessment numbers to cities and agencies in the region in July 2007. State law requires the City to adopt an update to the Housing Element by June 30, 2008 and it must be certified by the State Department of Housing and Urban Development by December 31, 2008. Planning staff has prepared a task list for each department that will assist in the effort. A time line has been prepared that ensures the process will be completed on time. (PAPP) . Nicolas Valley Rural Preservation Area - Staff is undergoing an opportunities and constraints analysis of the properties contained within the Nicolas Valley Rural Preservation Plan area to develop strategies to assist property owners with the construction of needed infrastructure and services. This area is lacking paved roadways, water transmission lines, wastewater collection, cable television, etc. Because of the relatively few properties in the area, assessment districts may be too costly for property owners. Staff needs to map the existing flood plain and complete a slope analysis to create a comprehensive constraints map of the area. Staff met with the Council Subcommittee in late February to brief the Council on staff strategies for bringing much needed services into the area. It was determined that a public workshop should be held to solicit input from area residents. Workshops were held on March 29, 2007 and May 15, 2007, with about 60 Nicolas Valley residents attending each workshop. Staff has been working on creating a conceptual land use plan and conceptual financing options to pay for needed road improvements. The next workshop will provide information on infrastructure options and recommended density and will be held the last week of October 2007. (PAPP) . Transit Center and Transit System Planning - Staff is working with the County of Riverside Flood Control District, Army Corp of Engineers and Riverside Transit Agency staff to locate the proposed transit center within the recreation portion of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project, generally located in the vicinity of Jefferson Avenue and Cherry Street. The transit center will to act as the hub for regional and local transit connections within the Temecula Valley. The Ad Hoc Subcommittee will hold their first internal meeting with staff on October 17, 2007 to review the status quo of regional and local transit and to develop a strategy for integrating regional and local transit routes. (WEST) . Noise Ordinance - The Noise Ordinance was unanimously approved by the City Council on September 25,2007. Staff is currently researching the cost of purchasing sound measuring and calibration equipment. The Ordinance becomes effective on November 9,2007. Staff anticipates purchasing the equipment prior to November 9. (PAPP) . Water Efficient Landscaping Ordinance - The State of California recently adopted a Model Ordinance entitled California Friendly Landscapes, which identifies requirements for design, planting and irrigation. Riverside County recently adopted a new ordinance which includes the California Friendly criteria and expands on the model ordinance. Staff has compared it to the City's existing Water Efficient Landscape ordinance and determined that the City Ordinance should be revised. Staff is working with the City's Landscape Architect to update the Ordinance by the end of 2007. (WEST) . Massage Ordinance - Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly by the Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times, and includes more severe penalties for violators and business owners. Temecula Police Department will be scheduling briefing meetings with members of the City Council. (PAPP) . Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. (PAPP) . Heritage Tree Ordinance - The proposed Heritage Tree Ordinance has been prepared and is being reviewed by the City Attorney's office. The ordinance will serve to protect certain identified tree species and other large diameter trees throughout the City. A public hearing date has not been set at this time. (PAPP) . Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. This is expected to include significance thresholds and procedures for the City to contract for the preparation of environmental impact reports. This effort has been expanded to include internal procedures for coordinating the environmental review of Capital Improvement Projects. (PAPP) . Development Code Update - The Development Code is periodically amended when new policy is introduced, to improve its clarity, or to make necessary corrections. The proposed amendment within this update include: adding quantifiable performance standards for projects that exceed target Floor Area Ratios (FAR); allowing swimming pools and spas in the buildable area of front yards in the VL, RR and HR residential zoning districts; amending parking standards for medical or dental offices to increase the number of required parking; amending landscaping requirements for freestanding monument signs to require landscaping that is proportional to the sign height; making reference to Water Quality Management Plans (WQMP) in various sections of the Development Code to create consistency between the Development Code and required WQMPs; making reference to Americans with Disabilities Act (ADA) in various sections of the Development Code to create consistency between the Development Code and ADA; and making other minor clarifications and typographical corrections. The Planning Commission heard this item at their September 19, 2007 meeting. This item is scheduled for the October 23, 2007 City Council meeting. (WEST) . Sustainable Development Program - Staff is attending workshops and meetings, and developing a work program in order to create a sustainable development program within the City. Staff is also reviewing existing City policies and programs that relate to green development standards and preparing a matrix of mandatory and voluntary programs with the intent to bring forward a recommendation to the City Council in the beginning of 2008. (WEST) . Santa Margarita Area Annexation - The consultant is preparing the draft Environmental Impact Report for the annexation area. The screencheck draft for staff review is expected to be completed in October. Staff is also preparing the Plan for Municipal Services, one of the Local Agency Formation Commission application requirements forthe expansion of Sphere of Influence and the Santa Margarita Area Annexation. (WEST) Planning Agenda Report 09-01-2007 through 09-30-2007 1. APN# . PA07-0154 Promenade Mall Major Mod 910130072 CHERYL KITZEROW/MATT PETERS A Modification application to modify the site plan, parking, and landscaping of the Temecula Promenade Mall expansion (see PA06-0293). Submitted Date 5/17/2007 Approved Date 9/512007 PA07 -0235 TEMECULA VALLEY FILM FESTIVAL APN # 921270034 KNUTE NOLAND A Major Temporary Use Permit for the 13th annual Temecula Valley International Film/Music Festival to be held at Tower Plaza on September 12 thru September 16, 2007 from 9:00 a.m. to 11:00 p.m. daily (APN: 921-270-034). Submitted Date 8/17/2007 Approved Date 9/10/2007 1 of 5 Planning Agenda Report 09-01-2007 through 09-30-2007 2. PA06-0245 TPM 33488 APN# 945140005 KATIE LECOMTE A Tentative Parcel Map to subdivide 5.5 gross acres into two lots with a minimum net lot size of 2.5 acres located at 30876 Lolita Road (APN 945-140-005). Submitted Date 8/22/2006 DRC Meeting Date 9/21/2006 Directors Hearing 11/8/2007 APN# PA06-0363 Park Place Condo Map PM 35319 909310001 CHRISTINE DAMKO A Tentative Parcel Map (PM 35319) for condominium purposes to create six units within the Park Place Office buildin9 (currently in construction) located at the south west corner of Diaz and Winchester Road. (APN: 909-310- 001) Submitted Date 1215/2006 DRC Meeting Date Directors Hearing 8/23/2007 . PA07-0176 Stage Stop APN # 922023022 DANA SCHUMA A Development Plan for the existing Stage Stop Complex for the addition of a 5,246 square foot office buildin9 over the existing bus bays, a 3,328 square foot second ftoor expansion over the existing Wine & Beer Garden, and associated flat work Improvements to include a new trash enclosure, fire pit, and storage room. The project is located at 28464 Old Town Front Street. (Related Pre-Application PR06-0022). Submitted Date 6/11/2007 DRC Meeting Date 7/12/2007 Planning Commision 10/17/2007 . PA07-0252 Winchester Hills DA Amenqment APN# 916400001 CHRISTINE DAMKO A Development Agreement amendment to adjust the fee timing thresholds on the Winchester Hills Development Agreement located within the service commercial portion of the Harveston Specific Plan located on the north west and south west corners of Date Street and Ynez Road. Submitted Date 8/29/2007 DRC Meeting Date City Council 10/23/2007 . PA07-0272 HENRY'S MARKET PCN APN# 920100037 CHERYL KITZEROW/MA IT PETERS A Finding of Public Convenience and Necessity as requested by the State of California Department of Alcohol and Beverage Control (ABC) to allow Henry's Market to sell beer and wine in the Rancho Temecula Town Center located at the corner of Nicolas and Winchester. Submitted Date 9/19/2007 DRC Meetin9 Date Planning Commlsion 10/17/2007 2 of 5 Planning Agenda Report 09-01-2007 through 09-30-2007 3. . PA07-0003 TEMECULA CEMETARY MODULAR UNIT APN # 944020004 KNUTE NOLAND A Major Temporary Use Permit to install a modular office structure at the Temecula Cemetary located at 41911 C Street (APN: 944-020-004) . Submitted Date 1/5/2007 Anticipated DRC Meeting Date Administrators Hearing 3/12/2007 . PA07-0198 TEMECULA REGIONAL HOSPITAL APN# 959080001 EMERY J. PAPP A General Plan Amendment to eliminate the two-story height limitation within the existing Z-Overlay (Future Specific Plan) designation for the Temecula Regional Hospital Project Submitted Date 7/3/2007 Anticipated DRC Meeting Date 11/15/2007 No Hearing Planned . PA07-0199 TEMECULA REG/aNAL HOSPITAL APN# 959080010 EMERY J. PAPP A proposed Zone Change (Planned Development Overlay) to create a new PDO-9 and increase the maximum allowable height to accommodate two-bed towers for the Temecula Regional Hospital Project Submitted Date 7/3/2007 Anticipated DRC Meeting Date 11/15/2007 No Hearing Planned PA07-0200 TEMECULA REGIONAL HaSP/TAL APN# 959080001 EMERY J. PAPP A Development Plan to permit the construction of a 320-bed hospital with one six-story bed tower and one five-story bed tower, a four-story medical office building, a three-story medical office building, a single-story cancer treatment and research center, a single-story physical fitness and therapy center, and surface parking on a 39.5 acre site. Total building square footage is approximately 565,300 square feet. Submitted Date 7/3/2007 Anticipated DRC Meeting Date 11/15/2007 No Hearing Planned PA07-0201 TEMECULA REGIONAL HaSP/TAL APN# 959080001 EMERY J. PAPP A Tentative Parcel Map to consolidate eight parcels into one parcel on 39.5 acres located between Highway 79 South to the south, DePortola Road to the north, and aproximately 700 feet west of Margarita Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 7/3/2007 11/15/2007 . PA07-0202 TEMECULA REGIONAL HOSPITAL APN# 959080001 EMERY J. PAPP A Conditional Use Permit to allow the construction and operation of a 320-bed hospital facility, including a helip"d for the proposed Temecula Regional Hospital Project. Submitted Date 7/3/2007 Anticipated DRC Meeting Date 11/15/2007 No Hearing Planned 1 I APN# 30f5 Planning Agenda Report 09-01-2007 through 09-30-2007 PA07-0207 Creek MiniMart ABC 20 PCN 961010034 ERIC JONES A Public Convenience or Necessity application. This PCN will accompany a Minor Conditional.Use Permit for an ABC license type 20 for The Creek Minimart and Cafe. The business is located at 31285 Highway 79 South and has a total of 706 square feet. Submitted Date 7/12/2007 Anticipated DRC Meeting Date 6/26/2007 No Hearing Planned APN # PA07-0251 Melting Pot Minor CUP -A/cohoi PM-26232-1 CHERYL KITZEROWIMATT PETERS A Minor Conditional Use Permit to allow for the sale of alcohol at the Melting Pot Restaurant located in the Rancho Temecula Town Center at the northeast corner of Winchester and Nicholas Roads. Submitted Date 8/28/2007 Anticipated DRC Meeting Date No Hearing Planned PA07-0266 RACE FOR THE CURE APN# 910130072 KNUTE NOLAND A Major Temporary Use Permit for the 2007 Susan G. Komen Race for the Cure to be held on Sunday, October 21, 2007 at the Promenade Mall, 40820 Winchester Road. Submitted Date 9/17/2007 Anticipated DRC Meeting Date Administrators Hearing 10/17/2007 APN # . PA07-0271 Temecuia Heritage Hate/ 922170014 DANASCHUMA A Conditional Use Permit with a Development Plan for a 82,764 square foot, three-story, 140 room hotel and a 6,000 square foot restaurant on a 3.7 acre site located at the northwest corner of Temecula Parkway/Hwy 79 South and La Paz Street. (PR07-0001) Submitted Date 9/18/2007 Anticipated DRC Meeting Date 10/18/2007 No Hearing Planned PA07-0276 RANCHO CHR/STMAS TREES APN# 959070012 KNUTE NOLAND A Major Temporary Use Permit for a Christmas tree lot, Rancho Christmas Trees, to be operated from November 23,2007 to December 23,2007 at 31302 Rancho Community Parkway. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 9/26/2007 . PA07-0280 AI/ante Used Auto Sales MCUP APN # 921400026 KATIE LECOMTE A Minor Conditional Use Permit to authorize indoor auto sales for Allante Auto Sales located within an existing 1,400 square foot suite inside an existing 6,806 square foot building in the Light Industrial Zoning district, generally located on the corner of Via Montezuma and Commerce Center Drive at 28710 Via Montezuma, Suite # 3 (APN: 921-400- 026). Submitted Date 10/2/2007 Anticipated DRC Meeting Date No Hearing Planned PA07-0283 Spa Escape APN # 921830029 DANA SCHUMA 4015 Planning Agenda Report 09-01-2007 through 09-30-2007 A Minor Conditional Use Permit to establish a day spa business at 41653 Margarita Road, Suite 105, located in the Overland Retail Center within the Temecula Re9ional Center Specific Plan. Submitted Date 10/8/2007 Anticipated DRC Meetin9 Date 11/1/2007 No Hearing Planned . PA07-0284 MIND TERRORS HAUNTED HOUSE APN# 921320058 KNUTE NOLAND A Major Temporary Use Permit for a haunted house "Mind Terrors" that will take place on October 18-21, 26-28, and 30-31,2007 from 7:00 PM to 12:00 AM at the Temecula Town Center, 27468 Ynez Road. Submitted Date 10/9/2007 Anticipated DRC Meetin9 Date Administrators Hearing 10/17/2007 . PA07 -0285 Mountalh View Tire Ctr DPICUP APN# 966010013 BETSY LOWREY A Development Plan and Conditional Use Permit Application to construct a 8,053 square foot building to be utilized as a Tire Center within an existing shoPpin9 center (Butterfield Ranch) located at the southeast corner of Temecula Parkway (Highway 79 South) and Butterfield, at 43842 Butterfield Stage Road [APN 966-010-013] Submitted Date 10/10/2007 Anticipated DRC Meeting Date 11/8/2007 No Hearin9 Planned APN# . PA07 -0286 Mjr Mod Mall W Gar.Deck 910420005 CHERYL KITZEROW/MATT PETERS A Major Modification application to construct an additional parking level/deck at the West Garage at the Promenade Mall expansion (PA06-0293 and PA07-0154). Project Is located between Macy's and Edwards Cinema at the Promenade Mall, bound by Winchester Road, Margarita Road, Overland Road and Ynez Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 10/11/2007 5015 d.~ l , /,---.., . t~... '~19~9 ,,' , y - / fa